William Gordon and another -v- Brigita Morina and others (anonymity order)

Business and Property CourtsProperty, Trusts and Probate ListAnonymity Order

Claim No. PT-2021-000485

In the High Court of Justice
Business and Property Courts of England and Wales
Property, Trusts and Probate List

7 March 2023

Before:

Master Pester (sitting in private)

In the estate of Vladimir Alekseyevich Scherbakov, deceased

Claim No. PT-2021-000485

(1) WILLIAM JEREMY ALEXANDER GORDON
(2) CATHERINE MAIREAD MCALEAVEY
(as Interim Administrators of the English Estate of Vladimir Alekseyevich Scherbakov)

-v-

(1) BRIGITA MORINA
(2) AB (by his litigation friend, Brigita Morina)
(3) BC (by his litigation friend, Brigita Morina)
(5) OLGA VLADIMIROVNA SCHERBAKOVA
(6) ALEXANDER SCHERBAKOV

and between:

Claim No. PT-2021-001010

(1) WILLIAM JEREMY ALEXANDER GORDON
(2) CATHERINE MAIREAD MCALEAVEY
(as Interim Administrators of the English Estate of Vladimir Alekseyevich Scherbakov)

-v-

(1) BRIGITA MORINA
(2) AB (by his litigation friend, Brigita Morina)
(3) BC (by his litigation friend, Brigita Morina)
(4) ELENA NIKOLAYEVNA SCHERBAKOVA
(5) OLGA VLADIMIROVNA SCHERBAKOVA
(6) ALEXANDER SCHERBAKOV

and between:

Claim No. PT-2018-000247

(1) BRIGITA MORINA
(2) AB (by his litigation friend, Brigita Morina)
(3) BC (by his litigation friend, Brigita Morina)

-v-

(1) ELENA NIKOLAYEVNA SCHERBAKOVA
(2) OLGA VLADIMIROVNA SCHERBAKOVA
(3) ALEXANDER SCHERBAKOV
(4) CD (by her litigation friend, Elena Buchen)
(5) CHAN SHEE KHOW
(6) WILLIAM JEREMY GORDON
(7) CATHERINE MAIREAD MCALEAVEY
(as Interim Administrators of the English Estate of Vladimir Alekseyevich Scherbakov)

Order

UPON the judgment of Master Pester dated 11 October 2022 determining the parties’ costs of the Chan Beddoe Application, the Summer Haze Application and the Redactions Application (as defined therein) (the “Costs Judgment”)
AND UPON the order of Master Pester dated 9 February 2023 directing the publication of the Costs Judgment but preserving the right of Brigita Morina (on her own behalf and as litigation friend for AB and BC) to apply for an order that the Costs Judgment does not disclose the identity of the Second Claimant (“C2”), the Third Claimant (“C3”) and the Fourth Defendant (“D4”) (together, the “Anonymised Parties”) in Claim No PT-2018- 000247 (the “Probate Claim”)
AND UPON the application (the “Application”) of Brigita Morina dated 2 March 2023 pursuant to: (i) CPR r.39.2(4) for the published Costs Judgment to not disclose the identity of the Anonymised Parties; and (ii) CPR rr. 5.4C, 5.4D and 39.9(4) prohibiting a non-party to obtain the Costs Judgment and certain documents to which the Costs Judgment relates in a manner that discloses the names of the Anonymised Parties without an application made on notice to Brigita Morina, the Sixth and Seventh Defendants in PT-2018- 000247 and PT-2021-000485 (the “IAs”), Olga Scherbakova and Alexander Scherbakov (the “Adult Children”), and Elena Buchen (as the litigation friend for CD)
AND UPON the Court determining the Application on the papers

IT IS ORDERED THAT:

  1. The published version of the Costs Judgment 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 Costs Judgment.
    2.2. The transcript of the hearing on 11 October 2022.
    2.3. The skeletons of the Morina Parties, the IAs and the Adult Children dated 10 October 2022.
    2.4. This order.
    2.5. The Application and any skeleton arguments in respect of the Application.
  3. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 7 March 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 and Elena Buchen.