National Westminster Bank Plc v Bonas

National Westminster Bank Plc v Bonas

Although Brice Droogleever & Co acted in breach of confidence by acting for Mr Edwards against Mr Bonas and disclosing or threatening to disclose confidential information, no actionable loss was caused to Mr Bonas as neither the Bank nor Mr Edwards would have acted differently had an independent solicitor been instructed. There was no binding Sale or Compromise Agreement, and no causative link between the breaches and any loss. All claims by Mr Bonas are dismissed.

Parties
Claimant: National Westminster Bank plc; Defendant/part 20 Claimant: Jeffrey Hal Bonas; Part 20 Defendant: Brice Droogleever & Co (a firm)
Jurisdiction
England and Wales
Judgment Date
22 July 2003
Procedural Posture
Civil / Judgment After Trial of Part 20 Claim
Outcome
Part 20 claim dismissed
Legal Topics
Solicitor Client Confidentiality, Conflict of Interest, Breach of Confidence, Negligence, Interference With Contractual Relations, Unlawful Means, Guarantee and Indemnity, Bankruptcy
Professional Conduct Banking Law Contract Law Solicitor Client Confidentiality Conflict of Interest Breach of Confidence Negligence Interference With Contractual Relations +3 more

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Parties

National Westminster Bank plc

Claimant

Jeffrey Hal Bonas

Defendant/part 20 Claimant

Brice Droogleever & Co (a firm)

Part 20 Defendant

Procedural Posture

Civil / Judgment After Trial of Part 20 Claim

Legal Issues

  1. 1 Whether Brice Droogleever & Co breached solicitor-client confidence owed to Mr Bonas
  2. 2 Whether Brice Droogleever & Co was negligent in its dealings
  3. 3 Whether Brice Droogleever & Co unlawfully interfered with alleged contractual arrangements between Bonas, Edwards, and the Bank

Ratio Decidendi

Although Brice Droogleever & Co acted in breach of confidence by acting for Mr Edwards against Mr Bonas and disclosing or threatening to disclose confidential information, no actionable loss was caused to Mr Bonas as neither the Bank nor Mr Edwards would have acted differently had an independent solicitor been instructed. There was no binding Sale or Compromise Agreement, and no causative link between the breaches and any loss. All claims by Mr Bonas are dismissed.

Court Disposition

Part 20 claim dismissed