Morina -v- Scherbakova (confidentiality order)

Business and Property CourtsHigh CourtProperty, Trusts and Probate ListJudgment

Claim Number: PT-2018-000247

In The High Court Of Justice
Business And Property Courts Of England And Wales Property
Trusts And Probate List (ChD)

26 July 2023

In The Estate Of Vladimir Alekseyevich Scherbakov

Before:
Mrs Justice Bacon

Between:
(1) Brigita Morina
(2) AB
(3) BC
(children, acting by their litigation friend, Brigita Morina)
-v-
(1) Elena Nikolayevna Scherbakova
(2) Olga Vladimirovna Scherbakova
(3) Alexander Scherbakov
(4) CD
(a child, acting by her litigation friend, Elena Buchen)
(5) Chan Shee Khow
(6) William Jeremy Gordon
(7) Catherine Mairead Mcaleavey
(as Joint Administrators Pending Suit of the Estate of Vladimir Alekseyevich
Scherbakov, Deceased)

Claim Number: PT-2019-000932

(1) Brigita Morina
-v-
(1) Catherine Mairead Mcaleavey
(2) William Jeremy Gordon
(acting as Joint Administrators Pending Suit of the Estate of Vladimir Alekseyevich Scherbakov, Deceased)
(3) Elena Nikolayevna Scherbakova
(4) Olga Vladimirovna Scherbakova
(5) Alexander Scherbakov
(6) AB
(7) CD
(children, acting by their litigation friend, Elena Buchen)

Order on Confidentiality Issues

UPON the Court by its order dated 4 November 2021 (the “November 2021 Privacy Order”) directing that a hearing of the same date be held in private and restricting access to the court file by non-parties in respect of certain documents, including the first witness statement of Mr Justin Michaelson dated 21 October 2021 (“Michaelson 1”)

AND UPON the Court by its order dated 9 February 2022 directing that a hearing on 7-9 February 2022 be held in private insofar as it concerned the matters raised in Michaelson 1 and the second witness statement of Mr Michaelson dated 1 February 2022 (“Michaelson 2”), and restricting access to the court file by non-parties in respect of any further evidence filed by any party concerning, referring to, or disclosing the “Confidential Matters” as defined in paragraph 3 of that Order (the “February 2022 Privacy Order”)

AND UPON the Court by its order dated 7 July 2023 (the “7 July 2023 Privacy Order”) directing that a hearing of the same date be held in private and restricting access to the court file insofar as it concerns the subject matter, background to and reason for the Private Matter, as defined at paragraph 1 of the confidential version of the 7 July 2023 Privacy Order (the “Private Matter”)

AND UPON the application of the Claimants in Claim No. PT-2018-000247 (the “Probate Claim”) and the Claimant in Claim No. PT-2019-000932 (the “KPHL Claim”) by an application notice dated 20 July 2023 for the Pre-Trial Review on 26 July 2023 (the “PTR”) and the trial of the Probate Claim and the KPHL Claim (the “Trial”) to be held partly in private, and that access to the court file by non-parties in respect of documents concerning certain matters be restricted (the “Privacy Application”)

AND UPON the application of the Claimants in the Probate Claim and the Claimant in the KPHL Claim by the same application notice dated 20 July 2023 for a restriction on a non-party

obtaining the Trial Judgment and certain documents to which the PTR and the Trial relate in a manner that discloses the names and identities of the Second Claimant in the Probate Claim and the Sixth Defendant in the KPHL Claim (“AB”), the Third Claimant in the Probate Claim (“BC”), and the Fourth Defendant in the Probate Claim and the Seventh Defendant in the KPHL Claim (“CD”) (together, the “Anonymised Parties”) (the “Anonymisation Application”)

AND UPON hearing Hodge Malek KC, James Potts and Sparsh, Counsel for the Claimants in the Probate Claim and the Claimant in the KPHL Claim, Fiona Todd, Counsel for the Fourth Defendant in the Probate Claim and the Sixth-Seventh Defendants in the KPHL Claim, and Richard Wilson KC and Oliver Jones, Counsel for the Sixth-Seventh Defendants in the Probate Claim and the First-Second Defendants (the “Interim Administrators”) in the KPHL Claim

AND UPON the other parties not appearing or being represented

AND UPON the Court deciding that it is necessary to make this order in order to respect the Article 8 Convention rights as to the privacy and family life of the Anonymised Parties

IT IS ORDERED THAT:

Hearing in private

  1. The PTR and the Trial shall be in private, pursuant to CPR r.39.2(3), only insofar as it concerns the Private Matter.
  2. The question as to whether any published version of the judgment and the order on the Trial should be anonymised such as to not disclose the identity of the Anonymised Parties, or redacted such as to avoid public reference to the Private Matter, shall be heard, considered and determined following the circulation of a draft judgment.

Applications to obtain documents from the Court to be on notice

  1. Without prejudice to paragraph 5 of this Order, an application by a non-party to obtain from the records of the Court a copy of the following documents pursuant to CPR rr.5.4C(2), 5.4C(4), 5.4D(2) and 39.9(4) and/or the Court’s inherent jurisdiction, without anonymisation of the Anonymised Parties’ names in accordance with paragraph 4 below,

must be made on at least 7 days’ notice to Brigita Morina, the Adult Children, Elena Buchen (as the litigation friend for CD in the Probate Claim, and AB and CD in the KPHL Claim), and the Interim Administrators:

3.1. The parties’ statements of case in the Probate Claim and the KPHL Claim.

3.2. The transcripts of the PTR and the Trial.

3.3. The skeletons of the parties to the Probate Claim and the KPHL Claim for the PTR and the Trial.

3.4. The bundles for the PTR and the Trial.

3.5. The application notice of the Claimants in the Probate Claim and the Claimant in the KPHL Claim dated 20 July 2023.

3.6. This order and any orders made during the Trial (save as set out at paragraph 2 above).

  1. The Anonymised Parties shall be referred to in the documents stated at paragraph 3 above by the following terms:

4.1. The Second Claimant in the Probate Claim and the Sixth Defendant in the KPHL Claim shall be referred to as “AB”.

4.2. The Third Claimant in the Probate Claim shall be referred to as “BC”.

4.3. The Fourth Defendant in the Probate Claim and the Seventh Defendant in the KPHL Claim shall be referred to as “CD”.

  1. Without prejudice to paragraph 3 of this Order, an application by a non-party to obtain from the records of the Court a copy of the following documents pursuant to CPR rr.5.4C(2), 5.4D(2) and 39.9(4) and/or the Court’s inherent jurisdiction must be made on at least 7 days’ notice to the parties to the Probate Claim:

5.1. This order and any drafts of the order.

5.2. Documents in the bundles for the PTR and the Trial concerning, or referring to, or disclosing, the Privacy Application and the Private Matter (the “Privacy Matters”).

5.3. The skeleton arguments of the parties to the Probate Claim and the KPHL Claim for the PTR and the Trial, only insofar as they concern the Privacy Matters.

5.4. The transcripts of the PTR and Trial, only insofar as they concern the Privacy Matters.

5.5. Any evidence as may be filed by any party (or non-party) concerning, referring to, or disclosing the Privacy Matters, including Michaelson 1, Michaelson 2 and Michaelson 8.

5.6. Any further correspondence as may be filed by any party (or non-party) concerning, referring to, or disclosing, the Privacy Matters.

5.7. Any (further) order (or draft(s) thereof) as may be filed by any party (or non-party) concerning, or referring to, or disclosing, the Privacy Matters.

Miscellaneous

  1. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 26 July 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.”
  2. 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.
  3. 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 the parties to the Probate Claim.
  4. Costs in the Claims.
  5. The Claimants shall serve this Order on the other parties to the Probate Claim.

Service of the order

The court has provided a sealed copy of this Order to the serving party: Quinn Emanuel Urquhart & Sullivan UK LLP at 90 High Holborn, London WC1V 6LJ, Ref: 10571-00001 Michaelson, Solicitors for the Claimants in the Probate Claim and the Claimant in the KPHL Claim