The extra-territoriality of non-party disclosure: obtaining documents from parties abroad

24th November 2022

Aaron Mayers discusses the case of Gorbachev v Guriev [2022] EWCA Civ 1270 and investigates how the case sets a precedence for the meaning of extra-territoriality. The case in question involves the obtaining of financial documents from two Cypriot trusts which were funding the Defendant, a business based in Russia.

Aaron examines the significance of the Commercial Court and the Court of Appeal concluding that serving a non-party disclosure application to the Cyprus-based Trustees was within the boundaries of s.34(2) of the SCA. Additionally, Aaron argues that the use of a British solicitors by the Trustees reinforces the position that third parties who are located abroad risk any documentation sent to England becoming the subject of English proceedings and therefore ordered to be produced in court.

Click here to read Aaron’s full case analysis

Aaron MayersAaron MayersCall: 2018 is a specialist commercial and chancery barrister. Aaron has an impressive commercial and property litigation portfolio, with a particular focus on developing litigation strategy and providing commercially viable advice in complex and high-value commercial and trusts disputes.

To contact or instruct Aaron, please contact his clerks Patrick Robson, Patrick Steptoe, and David Fielder or call 0207 583 8055.