Ziyavudin Magomedov & Ors v Konstantin Kuzovkov & Ors
| Court | King's Bench Division |
| Judge | Mr Justice Jacobs |
| Neutral Citation | [2024] EWHC 2527 (Comm) |
| Date | 04 October 2024 |
| Year | 2024 |
| Counsel | James Morgan Kc,William Hooper,Jonathan Scott,Ruth Den Besten Kc |
Neutral Citation Number: [2024] EWHC 2527 (Comm)
Case No: CL-2023-000401
IN THE HIGH COURT OF JUSTICE
KING'S BENCH DIVISION
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
COMMERCIAL COURT
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 04/10/2024
Before :
MR JUSTICE JACOBS
- - - - - - - - - - - - - - - - - - - - -
Between :
ZIYAVUDIN MAGOMEDOV
& OTHERS
Claimants/
Applicants
- and -
KONSTANTIN KUZOVKOV
& OTHERS
Defendants
- and -
(1) 1291 PRIVATE OFFICE LTD
(2) 1291 GROUP (DIFC) LIMITED
(3) 1291 GROUP EUROPE (UK) LTD
Respondents
- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -
James Morgan KC, William Hooper and Jonathan Scott (instructed by Seladore Legal) for
the Applicants
Bobby Friedman (instructed by Kingsley Napley LLP) for the 1st Respondent
Ruth den Besten KC (instructed by Clyde & Co LLP) for the 2nd Respondent
Andrew McLeod (instructed by Forsters) for the 3rd Respondent
Hearing dates: 20th – 21st August 2024
- - - - - - - - - - - - - - - - - - - - -
Approved Judgment
This judgment was handed down remotely at 10.30am on Friday 4th October 2024 by
circulation to the parties or their representatives by e-mail and by release to the National
Archives
(see eg https://www.bailii.org/ew/cases/EWCA/Civ/2022/1169.html).
MR JUSTICE JACOBS
MR JUSTICE JACOBS
Approved Judgment
MR JUSTICE JACOBS:
A: The parties and the application
A1: The parties and the procedural background
1. The 1st – 10th Claimants (“the Applicants”) in these proceedings apply for “Norwich
Pharmacal” relief against three financial services companies which share the brand
“1291”. None of the three Respondents to the application is party to the underlying
proceedings, which were commenced in 2023 and have already led to a number of
judgments of the Commercial Court including a lengthy judgment of Butcher J
dismissing the Claimants’ application for various freezing orders: see [2023] EWHC
2655 (Comm).
2. The 1st Respondent is a Liechtenstein company, 1291 Private Office Ltd (“1291
Private Office”). The 2nd Respondent is a DIFC (Dubai International Financial Centre)
company, 1291 Group (DIFC) Ltd (“1291 Dubai”). The 3rd Respondent is an English
company, 1291 Group Europe (UK) Ltd (“1291 UK”).
3. On 26 March 2024, Foxton J granted a without notice application made by the
Applicants for permission to serve the application for Norwich Pharmacal relief
(referred to in Foxton J’s Order (“the Order”), and herein, as the “NP Application”),
and any other documents in these proceedings, out of the jurisdiction on 1291 Private
Office and 1291 Dubai. He also gave permission to serve the NP Application and any
other documents in these proceedings on 1291 Private Office and 1291 Dubai by the
following alternative methods of service, set out in paragraphs 2 (a) – (c) of the Order:
(a) On 1291 Private Office, by email to a firm of Liechtenstein lawyers which had
been engaged by1291 Private Office, namely BWB Legal: the e-mail address
identified in the Order was Ralph.Wanger@bwb.legal;
(b) On 1291 Dubai by email to a firm of Dubai lawyers, Global Advocates: the e-
mail address identified in the Order was
Patric.McGonigal@globaladvocates.net;
(c) On both 1291 Private Office and 1291 Dubai, by post to the registered address
of 1291 UK at 73 Cornhill, London, EC3V 3QQ.
4. Paragraph 3 of the Order contained provision for when documents served pursuant to
the Order were deemed served. Paragraph 4 provided that the Respondents had the
right to make an application to set aside or vary the Order under CPR r. 23.10. The
time limit for the making of such an application in CPR r. 23.10 is 7 days following
service of the Order.
5. The application which led to the Order was supported by a lengthy witness statement
(his Second Witness statement – “Bushell 2”) of Mr Simon Bushell, the senior partner
of Seladore Legal Ltd, the Applicants’ solicitors. Foxton J was also provided with a
25-page skeleton argument, signed by leading counsel (not then Mr Morgan KC) and
junior counsel, which set out the legal and factual basis for the NP Application itself,
3
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