CYK successfully applies Gorbachev v Guriev [2022] EWCA Civ 1270 to obtain Third Party Disclosure Order against foreign respondents

The High Court has delivered an important judgment in the long running case of Nebahat Evyap İşbilen v Selman Turk & Others, granting an application for third-party disclosure against two foreign respondents and ordering the production of documents belonging to those companies but held in England.

In a judgment handed down by Mr Justice Adam Johnson on 15 October 2026, the Court confirmed that third-party disclosure can be ordered where documents held by overseas entities are located within the jurisdiction and are likely to assist in determining the issues in dispute in underlying proceedings. The decision builds upon the Court of Appeal’s reasoning in Gorbachev v Guriev, by reinforcing the English Courts’ ability to order the disclosure of documents physically present in England, even where ownership and control originate abroad.

The Judgment is significant because it endorses a practical approach to third-party disclosure in complex fraud and asset-tracing cases. In the course of providing useful guidance on the application of Three Rivers DC v. Bank of England (No. 4) [2002] EWCA Civ. 1182, [2003] 1 WLR 210, the Court rejected arguments that disclosure requests based solely on keyword searches were inherently defective for the purposes of CPR 31.17 and emphasised that the threshold for establishing that documents are “likely” to support the applicant’s case or adversely affect the cases of one of the other parties to the proceedings, can be approached by the application of key search words which are specific to the case.

Of broader interest, the decision confirms that concerns about confidentiality, regulatory obligations and the overseas status of third parties will not necessarily prevent disclosure where the documents are located in England and their production is considered necessary for the fair determination of proceedings.

This is a noteworthy decision that will be of interest for individuals and organisations conducting business internationally as well as practitioners involved in international disputes, and cross-border disclosure exercises.

The CYK team comprised Natalie Todd and Andrew Woolsey, who worked alongside Andrew Gurr of Serle Court.

Read the full Judgment here:

Nebahat Evyat Işbilen v Selman Turk & Ors – Find Case Law – The National Archives