CFI 004/2023 Zuzana Kapova v (1) Miloslav Makovini (2) Pharmtrade Holding Ltd (3) Sebastian Kappa [2025] DIFC CFI 004 (03 October 2025)

CFI 004/2023 Zuzana Kapova v (1) Miloslav Makovini (2) Pharmtrade Holding Ltd (3) Sebastian Kappa [2025] DIFC CFI 004 (03 October 2025)

The Court held that the Claimant is required to disclose only those documents within her possession or control that are relevant and material to the pleaded issues, as set out in the Order and the Stern Schedule. Where the Claimant asserts lack of possession or control, she must file a witness statement detailing the steps taken to obtain the documents and the results. Requests for broad categories of documents, or those not sufficiently material or relevant, were refused as disproportionate or intrusive. The Court emphasized the practical test of control and the need for transparency through witness statements.

Citation
[2025] DIFC CFI 004
Parties
Claimant: Zuzana Kapova; First Defendant: Miloslav Makovini; Second Defendant: Pharmtrade Holding Ltd; Third Party: Sebastian Kappa
Jurisdiction
United Arab Emirates
Judgment Date
03 October 2025
Procedural Posture
Civil / Interlocutory (document Production/disclosure Application)
Outcome
Application granted in part and refused in part.
Legal Topics
Disclosure of Documents, Control and Possession of Documents, Fiduciary Duties, Tax Optimization Schemes, Dissipation of Assets, Corporate Governance, Confidentiality and Proportionality in Disclosure
Civil Procedure Commercial Law Company Law Disclosure of Documents Control and Possession of Documents Fiduciary Duties Tax Optimization Schemes Dissipation of Assets +2 more

Case Brief

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Parties

Zuzana Kapova

Claimant

Miloslav Makovini

First Defendant

Pharmtrade Holding Ltd

Second Defendant

Sebastian Kappa

Third Party

Procedural Posture

Civil / Interlocutory (document Production/disclosure Application)

Legal Issues

  1. 1 Whether the Claimant must disclose documents requested by the Defendants relating to various companies and transactions.
  2. 2 Whether the Claimant has possession or control over documents held by related companies or family members.
  3. 3 Whether the requested documents are relevant and material to the pleaded issues, including alleged dissipation of assets, tax optimization, and fiduciary duties.

Ratio Decidendi

The Court held that the Claimant is required to disclose only those documents within her possession or control that are relevant and material to the pleaded issues, as set out in the Order and the Stern Schedule. Where the Claimant asserts lack of possession or control, she must file a witness statement detailing the steps taken to obtain the documents and the results. Requests for broad categories of documents, or those not sufficiently material or relevant, were refused as disproportionate or intrusive. The Court emphasized the practical test of control and the need for transparency through witness statements.

Court Disposition

Application granted in part and refused in part.

Orders

  • Claimant to disclose documents as set out in the Court's conclusions and Stern Schedule within 21 days.
  • Claimant to file a witness statement detailing searches and control over requested documents, as specified in the Order and Schedule of Reasons.