Morina -v- Scherbakova (reporting restrictions)

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 Reporting Restrictions

IMPORTANT

If you disobey this order you may be found guilty of contempt of court and may be sent to prison or fined or have your assets seized. You should read this order
carefully and are advised to consult a solicitor as soon as possible. You have the right to ask the Court to vary or discharge the order.

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 prohibiting any party or non-party from reporting on the Pre-Trial Review on 26 July 2023 (the “PTR”) and the trial of the Probate Claim and the KPHL Claim (the “Trial”) 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”), as parties or in any way related to the Probate Claim and the KPHL Claim

AND UPON hearing Hodge Malek KC, James Potts and Sparsh Garg, 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:

Reporting Restrictions

  1. Pursuant to s.39 of the Children and Young Persons Act 1933, no party or non-party shall publish or broadcast in any newspaper, magazine, public computer network, internet website, social media application, sound or television broadcast or cable or satellite programme service:

1.1. the names, addresses, or schools of AB, BC and CD;

1.2. any particulars or information calculated to lead to the identification of AB, BC and CD;

1.3. any picture being or including a picture of either AB, BC or CD;

in each case as being parties to or otherwise being concerned with the KPHL Claim or the Probate Claim.

  1. For the avoidance of doubt, this does not prohibit the publication or broadcasting of particulars or information relating to Brigita Morina, the Adult Children, Elena Scherbakova and Vladimir Scherbakov, or any aspect of the PTR or the Trial in which the Court was sitting in public without identifying AB, BC and CD.

Miscellaneous

  1. 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.
  2. 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.
  3. Costs in the Claims.
  4. The Claimants shall serve this Order on the other parties to the Probate Claim.
  5. Copies of this Order endorsed with a notice warning of the consequences of disobedience may be served by any party to the Probate Claim or the KPHL Claim:

7.1 by service on such newspaper, magazine, public computer network, internet website, social media application, sound or television broadcast or cable or satellite programme service as they think fit, by fax or first class post address to the editor (in the case of a newspaper) or senior news editor (in the case of a broadcasting or cable or satellite programme service) or website/social media administrator (in the case of an internet website or social media application) and/or their respective legal departments; and/or

7.2 on such other persons as the parties may think fit, by personal service.

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