THE BERKELEY STREET INCIDENT – VIDEO
This video shows Mr Guriev being served with Mr Gorbachev’s claim in Berkeley Street, London, on 19 October 2018. Mr Guriev was accompanied by Messrs Ionov and Gromovoy, both described as “assistants” in court submissions, by Mr Motlokhov, who is Mr Guriev’s son-in-law, and by Mr Soliman, described as Motlokhov’s driver. They intervened to physically block Mr Gorbachev’s service providers from reaching Mr Guriev.
Mr Guriev tried to claim at a court hearing in Manchester in 2019 that this means the legal action had not been properly served. Mr Gorbachev successfully argued that Mr Guriev’s assistant was an appropriate proxy for receipt of service.
The incident was videoed from the Mayfair Hotel which is on the opposite side of Berkeley Street to the office building where Mr Guriev and his companions were having a meeting. The following description of events is taken from the description included in the court ruling.
At around ten seconds into the video, Messrs Guriev, Ionov, Gromovoy, Motlokhov and Soliman can be seen coming out of the building. Three luxury vehicles – a Rolls Royce. Bentley and Mercedes, have pulled up to collect them. As Mr Guriev starts to go the passenger door side of the Rolls Royce, Mr Gorbachev’s process server approached the group. The following exchange then takes place:
Process server: “Hello Mr Guriev Sir. These are, these are for you Sir”
Mr Ionov: “Sorry”
Process server: “Sir these are”
Mr Ionov: “Sorry”
Process server: “I’m instructed”
Mr Ionov: “Sorry”
Process server: “Sir”
Mr Ionov: “Sorry”
Process server: “Erm”
Mr Guriev turns away from the process server. As he does so, Mr Soliman walks closer to the process server, Mr Ionov towards the passenger door of the Rolls Royce. The process server walks towards the rear of the passenger side of the Rolls Royce. The exchange continues. At 27 seconds:
Process server: “Sir, I’ve been instructed to hand you these papers. Er they’re very im…”
Mr Soliman: “Look”
Mr Ionov: “Sorry”
Mr Guriev: (in Russian) “What does he want?”
Mr Soliman starts to open the passenger door of the car; meanwhile Mr Ionov holds his brief case in front of the process server.
Process server: “Excuse me, they’re very important legal papers”
Mr Ionov: “No, no, no”
Process server: “I’m suggesting Sir I’m suggesting you have a look at these”
Mr Guriev starts to move in the direction of the driver’s door of the Rolls Royce. At 38 seconds:
Mr Ionov: “Sorry, sorry please”
Process server: “Sir can you take them?”
Mr Ionov: “Sorry please”
The process server drops papers to the ground as Mr Guriev continues towards the driver’s door of the Rolls Royce. At 41 seconds:
Process server: “He touched it, he touched it”
Mr Ionov: “Sorry, sorry”
Mr Soliman: “He didn’t touch it”
Process server: “He did touch it, I just seen him touch it”
Mr Soliman: “He didn’t touch anything”
Process server: “Sir, if… they’re out of my hands”
Mr Soliman: “No one touched it”
The process server walks away from the scene. Mr Motlokhov walks to the boot of the Rolls Royce. Mr Guriev gets into the driver’s seat of the Rolls Royce. Mr Motlokhov gets into the passenger seat. The roof of the Rolls Royce starts to retract, and Messrs Guriev and Motlokhov drive away.