Brigita Morina and others -v- Elena Nikolayevna Scherbakova and others (anonymity order)

Business and Property CourtsHigh CourtAnonymity Order

Case number: PT-2018-000247

In the High Court of Justice
Business and Property Courts of England and Wales

25 April 2023

Before:
Mark Anderson KC

Between:
Brigita Morina, AB (by his litigation friend, Brigita Morina) and BC (by his litigation friend, Brigita Morina)
-v-
Elena Nikolayevna Scherbakova, Olga Vladimirovna Scherbakova, Alexander Scherbakov, CD (by her litigation friend, Elena Buchen), Chan Shee Khow, William Jeremy Gordon and Catherine Mairead McAleavey (acting as Joint Administrator Pending Suit of the Estate of Vladimir Alekseyevich Scherbakov, Deceased)

AND BETWEEN:

Claim number: PT-2019-000932

Brigita Morina
-v-
Catherine Mairead McAleavey, William Jeremy Gordon (acting as Joint Administrators Pending Suit of the Estate of Vladimir Alekseyevich Scherbakov, Deceased), Elena Nikolayevna Scherbakova, Olga Vladimirovna Scherbakova and Alexander Scherbakov

Anonymity Order

UPON the order of Recorder Mark Anderson KC (sitting as a Judge of the High Court) dated 2 February 2023 (the “February 2023 Order”) dismissing an appeal from paragraph 8 of the order of Deputy Master Teverson made on 13 October 2022 concerning the disclosure obligations of the Sixth and Seventh Defendants (the “IAs”) in Claim No PT-2018- 000247 (the “Probate Claim”)

AND UPON the judgment of Recorder Mark Anderson KC (sitting as a Judge of the High Court) dated 2 March 2023 (the “March 2023 Judgment”) setting out the reasons for the February 2023 Order

AND UPON the application (the “Application”) of Brigita Morina dated 13 March 2023 pursuant to: (i) CPR r.39.2(4) for the published March 2023 Judgment to not disclose the identity of the Second Claimant (“C2”), the
Third Claimant (“C3”) and the Fourth Defendant (“D4”) (together, the “Anonymised Parties”) in the Probate Claim; and (ii) CPR rr. 5.4C, 5.4D and 39.9(4) prohibiting a non-party from obtaining the March 2023 Judgment and certain documents to which the March 2023 Judgment relates in a manner that discloses the names of the Anonymised Parties without an application made on notice to Brigita Morina, the Second-Third Defendants
in the Probate Claim (the “Adult Children”), Elena Buchen (as the litigation friend for D4), and the IAs

AND UPON Recorder Mark Anderson KC (sitting as a Judge of the High Court) determining the Application on the papers and deciding that it is necessary to make this order in order to respect the Article 8 Convention
rights as to privacy and family life of the Anonymised Parties

IT IS ORDERED THAT:

  1. Any version of the March 2023 Judgment published after the date of this order shall refer to the Anonymised Parties by the following terms:
    1.1. C2 shall be referred to as “AB”.
    1.2. C3 shall be referred to as “BC”.
    1.3. D4 shall be referred to as “CD”.
  2. An application by any non-party to obtain from the records of the Court a copy of the following documents without anonymisation of the Anonymised Parties’ names in accordance with paragraph 1 above,
    must be made on at least 7 days’ notice to Brigita Morina, the IAs, the Adult Children and Elena Buchen (as the litigation friend for CD):
    2.1. The March 2023 Judgment.
    2.2. The February 2023 Order.
    2.3. The transcript of the hearing on 2 February 2023.
    2.4. Brigita Morina’s appellant’s notice and grounds of appeal dated 17 November 2022.
    2.5. The Adult Children’s respondent’s notice dated 1 December 2022.
    2.6. Brigita Morina’s skeleton dated 17 November 2022.
    2.7. The skeletons of the Adult Children and the IAs dated 15 December 2022.
    2.8. This order.
    2.9. The Application.
  3. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 26 April 2023 and any application by a non-party to inspect or obtain a copy document from this file must be
    dealt with in accordance with the terms of that Order.”
  4. Any interested person, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order provided that any such application is made on 7 days’ notice to Brigita Morina, the IAs,
    the Adult Children and Elena Buchen (as the litigation friend for CD).
  5. A copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  6. No order as to costs.
  7. This order shall be served by Brigita Morina on the IAs, the Adult Children, Elena Scherbakova and Elena Buchen.