The Libyan Investment Authority v Societe Generale SA & Ors [2016] EWHC 375 (Comm) (09 March 2016)

The Libyan Investment Authority v Societe Generale SA & Ors [2016] EWHC 375 (Comm) (09 March 2016)

There remains a real and immediate, albeit low, risk to certain Alphabet Individuals in Libya if their identities are disclosed beyond a tightly controlled group. The Confidentiality Club regime is necessary and proportionate to protect those at risk, but should be amended to incorporate a 'negative resolution procedure' allowing the LIA to propose disclosure to new individuals subject to objection and court determination. The burden remains on those seeking to limit disclosure to show the risk profile applies.

Citation
[2016] EWHC 375 (Comm)
Parties
Claimant: The Libyan Investment Authority; First to Fourth Defendants: Societe Generale SA and Others (1)-(4); Fifth Defendant: Walid Mohamed Ali Al-Giahmi; Sixth Defendant: Leinada Inc.; Interested Party/alphabet Individual: Person B
Jurisdiction
England and Wales
Judgment Date
09 March 2016
Procedural Posture
Commercial Court Civil Claim / Interlocutory Application Regarding Confidentiality Regime
Outcome
Application to set aside Confidentiality Club refused; Confidentiality Club order to be amended to include negative resolution procedure.
Legal Topics
Confidentiality Orders, Disclosure, Risk to Life and Limb, Proportionality, Article 2 and 3 ECHR, Common Law Protection, Interlocutory Relief
Civil Procedure Commercial Law Human Rights Confidentiality Orders Disclosure Risk to Life and Limb Proportionality Article 2 and 3 ECHR +2 more

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Parties

The Libyan Investment Authority

Claimant

Societe Generale SA and Others (1)-(4)

First to Fourth Defendants

Walid Mohamed Ali Al-Giahmi

Fifth Defendant

Leinada Inc.

Sixth Defendant

Person B

Interested Party/alphabet Individual

Procedural Posture

Commercial Court Civil Claim / Interlocutory Application Regarding Confidentiality Regime

Legal Issues

  1. 1 Whether the Confidentiality Club regime should be set aside and replaced by a Restricted Information Regime (RIR)
  2. 2 Whether disclosure of the names of Alphabet Individuals gives rise to a real and immediate risk to life, limb or property
  3. 3 What are the reasonable and proportionate steps required to protect Alphabet Individuals

Ratio Decidendi

There remains a real and immediate, albeit low, risk to certain Alphabet Individuals in Libya if their identities are disclosed beyond a tightly controlled group. The Confidentiality Club regime is necessary and proportionate to protect those at risk, but should be amended to incorporate a 'negative resolution procedure' allowing the LIA to propose disclosure to new individuals subject to objection and court determination. The burden remains on those seeking to limit disclosure to show the risk profile applies.

Court Disposition

Application to set aside Confidentiality Club refused; Confidentiality Club order to be amended to include negative resolution procedure.

Orders

  • Confidentiality Club regime retained and amended to allow LIA to propose disclosure to new individuals, subject to objection and court determination.
  • Parties to draw up a revised order to give effect to the judgment.