Aabar Holdings SARL & Ors v Glencore PLC & Ors [2025] EWHC 2243 (KB) (28 August 2025)

Aabar Holdings SARL & Ors v Glencore PLC & Ors [2025] EWHC 2243 (KB) (28 August 2025)

The Court found that, on the evidence, disclosure of the three Dutch FIOD documents and the MLAT Request would not amount to an offence under Dutch law, or at most the risk was remote and not real. Even if there were a real risk, the importance of the documents to the fair disposal of the English proceedings outweighed the risk of prosecution. The Court further held that confidentiality measures could be imposed to mitigate any residual risk, and that comity considerations did not justify withholding disclosure.

Citation
[2025] EWHC 2243 (KB)
Parties
Claimants: AABAR HOLDINGS S.À. R. L & OTHERS; First Defendant: GLENCORE PLC; Second Defendant: MR IVAN GLASENBERG
Jurisdiction
England and Wales
Judgment Date
28 August 2025
Procedural Posture
Commercial Court Financial List Disclosure Restriction Applications / Interlocutory Application for Relief From Disclosure Obligations Due to Alleged Foreign Law Restrictions
Outcome
Applications dismissed
Legal Topics
Disclosure Obligations, Foreign Law Restrictions, Section 90 and 90 a FSMA Claims, Bribery and Corruption, Mutual Legal Assistance, Confidentiality Orders, Comity
Commercial Law Financial Services Law Civil Procedure Conflict of Laws Disclosure Obligations Foreign Law Restrictions Section 90 and 90 a FSMA Claims Bribery and Corruption +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

AABAR HOLDINGS S.À. R. L & OTHERS

Claimants

GLENCORE PLC

First Defendant

MR IVAN GLASENBERG

Second Defendant

Procedural Posture

Commercial Court Financial List Disclosure Restriction Applications / Interlocutory Application for Relief From Disclosure Obligations Due to Alleged Foreign Law Restrictions

Legal Issues

  1. 1 Whether disclosure of certain documents obtained from Dutch authorities would breach Dutch criminal law (section 184(1) and 272 DCC)
  2. 2 Whether there is a real risk of prosecution in the Netherlands if disclosure is ordered
  3. 3 How to balance the risk of foreign prosecution against the need for disclosure in English proceedings

Ratio Decidendi

The Court found that, on the evidence, disclosure of the three Dutch FIOD documents and the MLAT Request would not amount to an offence under Dutch law, or at most the risk was remote and not real. Even if there were a real risk, the importance of the documents to the fair disposal of the English proceedings outweighed the risk of prosecution. The Court further held that confidentiality measures could be imposed to mitigate any residual risk, and that comity considerations did not justify withholding disclosure.

Court Disposition

Applications dismissed

Orders

  • Glencore and Mr Glasenberg are required to provide disclosure of the identified documents subject to a confidentiality club and terms set out in the draft order.
  • Costs reserved.