Bank St Petersburg PJSC & Anor v Arkhangelsky & Ors

Bank St Petersburg PJSC & Anor v Arkhangelsky & Ors

The Claimants must conduct further reasonable searches for documents in their possession and explain the scope and limitations of those searches. As to documents held by third parties (Messrs Smirnov, Zelyenov, Sklyarevsky and their companies), the Claimants are not required to search or disclose all such documents, but must request from those individuals and entities any documents relating to the transfer, retention, or sale of the pledged shares or exercise of rights in respect of those shares, and disclose any such documents received. The Claimants are not required to obtain documents from Russian insolvency office holders absent a clear legal right. Expert reports must be translated...

Parties
Claimant: Bank St Petersburg PJSC; Claimant: Alexander Savelyev; Defendant: Vitaly Arkhangelsky; Defendant: Julia Arkhangelskaya; Additional Party: Oslo Marine Group Ports LLC
Jurisdiction
England and Wales
Judgment Date
23 October 2015
Procedural Posture
Civil (chancery Division) / Case Management Conference; Interlocutory Judgment on Disclosure and Related Applications
Outcome
Application granted in part; directions given for further disclosure, translation of expert reports, and process for third-party documents; other requests refused or reserved for further submissions.
Legal Topics
Disclosure of Documents, Agency and Control for Disclosure, Translation of Expert Reports, Rights of Audience for Mc Kenzie Friends
Civil Procedure Banking Law Insolvency Disclosure of Documents Agency and Control for Disclosure Translation of Expert Reports Rights of Audience for Mc Kenzie Friends

Case Brief

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Parties

Bank St Petersburg PJSC

Claimant

Alexander Savelyev

Claimant

Vitaly Arkhangelsky

Defendant

Julia Arkhangelskaya

Defendant

Oslo Marine Group Ports LLC

Additional Party

Procedural Posture

Civil (chancery Division) / Case Management Conference; Interlocutory Judgment on Disclosure and Related Applications

Legal Issues

  1. 1 Whether the Claimants must provide further disclosure of documents in their possession or control, including those held by third parties allegedly under their control
  2. 2 Whether the Claimants have control over documents held by third parties (Messrs Smirnov, Zelyenov, Sklyarevsky and their companies) for disclosure purposes under CPR 31.8
  3. 3 Whether the Claimants must seek disclosure from liquidators/administrators of Russian companies

Ratio Decidendi

The Claimants must conduct further reasonable searches for documents in their possession and explain the scope and limitations of those searches. As to documents held by third parties (Messrs Smirnov, Zelyenov, Sklyarevsky and their companies), the Claimants are not required to search or disclose all such documents, but must request from those individuals and entities any documents relating to the transfer, retention, or sale of the pledged shares or exercise of rights in respect of those shares, and disclose any such documents received. The Claimants are not required to obtain documents from Russian insolvency office holders absent a clear legal right. Expert reports must be translated...

Court Disposition

Application granted in part; directions given for further disclosure, translation of expert reports, and process for third-party documents; other requests refused or reserved for further submissions.

Orders

  • Claimants to conduct further reasonable searches for documents in their possession and explain the searches in a verified statement.
  • Claimants to write to Messrs Smirnov, Zelyenov, Sklyarevsky and the Original/Subsequent Purchasers requesting relevant documents and disclose any received.