Tuesday 21 March 2023
By Appellant’s Notice filed on 5 August 2022, TU Reflections Ltd and First Link Management Services Ltd appeal the Order of Mr Justice Jacobs dated 20 July 2022 in which he dismissed their application to set aside an Order of HHJ Pelling QC dated 11 April 2022 which granted permission to the Claimant to serve an application for third party disclosure out of the jurisdiction.
Background – The application arises out of a dispute between the Claimant and the Defendant (“Mr Guriev”), in respect of their interests in a valuable fertiliser business based in Russia called PJSC PhosAgro. The Claimant in these proceedings wishes to obtain, pursuant to CPR 31.17, third party disclosure of certain documents which are held by the First Respondent, Forsters LLP (“Forsters”), a firm of English solicitors. Forsters allege that the documents are held on behalf of the Second and Third Respondents (“the Trustees”), that the Trustees were the only proper parties to the application under CPR 31.17, and that it would therefore be inappropriate to require Forsters to give disclosure. By an order made on 11 April 2022 (“the Order”), HHJ Pelling QC granted permission to the Claimant, pursuant to CPR Practice Direction 6B, to serve the application for third party disclosure out of the jurisdiction. HHJ Pelling QC also granted permission for the application to be served by alternative means pursuant to CPR 6.15, namely by delivery to Forsters’ offices within the jurisdiction and by email to two addresses specified in the Order. The Trustees then applied to set aside that Order.