When Can You Provide A Foreign Authority With Documents Disclosed In English Proceedings?

In JSC Commercial Bank Privatbank v Kolomoisky & Ors [2024] EWHC 1837 (Ch), a claimant bank was granted permission to provide documents disclosed to it in English proceedings to the Ukrainian Bureau of Economic Security for use in separate Ukrainian criminal proceedings against the first defendant. The documents were protected by a collateral use undertaking from the bank, which meant that without an order from the court they could only be used in the English proceedings.

This case is a useful reminder that when a foreign authority or court seeks to compel a party to English litigation to provide documents disclosed to it in that litigation, the party must consider the English Civil Procedure Rules (CPR), the terms of any undertakings and the position of the English court before complying. The judgment also provides insight into factors that may persuade an English court to grant a party permission to provide documents subject to collateral use restrictions.