Loudmila Bourlakova & Ors v The Estate of Oleg Bourlakov & Ors

Facts

The proceedings concern a dispute between the Bourlakovas (the claimants, Loudmila Bourlakova and others) and the Estate of Oleg Bourlakov and others, in which the Estate and its co-applicants (the Applicants) sought sight of the Bourlakovas' privileged communications, contending that the Bourlakovas had engaged in iniquitous conduct, including investigations said to be iniquitous in themselves. Mr Justice Richards rejected those applications in a judgment reported at [2026] EWHC 1747 (Ch) (the Judgment), deciding disputed facts on the balance of probabilities on material not tested in cross-examination, in accordance with Al Sadeq v Dechert LLP. The hacking allegation, and questions as to the Bourlakovas' good faith and awareness of wrongdoing, remain to be determined at the trial of the counterclaim, and the Estate is still seeking delivery up of covert recordings. Permission to appeal had been granted. Following hand-down, the court had to decide whether to make a costs order at once or reserve costs until after trial, what payment on account to order if costs were awarded, and the wording of the costs order. The Bourlakovas' costs schedule totalled some £929,000 for a hearing of two court days, with two further days allowed for judicial pre-reading.