National Westminster Bank Plc v Bonas [2003] EWHC 1821 (Ch) (22 July 2003)

National Westminster Bank Plc v Bonas [2003] EWHC 1821 (Ch) (22 July 2003)

Brice Droogleever & Co acted in breach of confidence by acting for Mr Edwards against Mr Bonas, their former client, but the information used was not shown to be confidential or causative of loss. No actionable negligence or unlawful procurement of breach of contract was established. The claim fails on causation and lack of actionable breach.

Citation
[2003] EWHC 1821 (Ch)
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
Part 20 Claim (third Party Proceedings) in Debt Recovery Action / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Solicitor's Duties to Former Clients, Breach of Confidence, Procurement of Breach of Contract, Bank Guarantees, Conflict of Interest
Professional Negligence Banking Law Confidentiality Contract Law Solicitor's Duties to Former Clients Breach of Confidence Procurement of Breach of Contract Bank Guarantees +1 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

Part 20 Claim (third Party Proceedings) in Debt Recovery Action / Judgment After Trial

Legal Issues

  1. 1 Did Brice Droogleever & Co act in breach of confidence owed to Mr Bonas?
  2. 2 Were Brice Droogleever & Co negligent in their advice or conduct?
  3. 3 Did Brice Droogleever & Co unlawfully procure or interfere with alleged contractual arrangements between Mr Bonas, Mr Edwards, and the Bank?

Ratio Decidendi

Brice Droogleever & Co acted in breach of confidence by acting for Mr Edwards against Mr Bonas, their former client, but the information used was not shown to be confidential or causative of loss. No actionable negligence or unlawful procurement of breach of contract was established. The claim fails on causation and lack of actionable breach.

Court Disposition

Claim dismissed

Orders

  • Part 20 claim by Mr Bonas against Brice Droogleever & Co dismissed
  • No order for damages or other relief in favour of Mr Bonas