Barclays Bank Plc v Taberna Europe CDO I Plc & Ors

It is not satisfactory to restrict Barclays’ disclosure to only two issues; standard disclosure is ordered, recognising that in practice it will relate only to issues 1.12, 1.13, 1.14, and 2.15, potentially revised after service of reply.

Parties: Claimant: Barclays Bank PLC; First Defendant: Taberna Europe CDO I PLC; Second Defendant: Taberna European Capital Management LLC; Third Defendant: Third Defendant
Jurisdiction: England and Wales
Judgment Date: 14 July 2016
Procedural Posture: Commercial / Interlocutory Ruling on Disclosure
Outcome: Standard disclosure ordered for Barclays Bank PLC.
Legal Topics: Disclosure, Standard Disclosure, Issue Based Disclosure, CPR 31.5(7)

Civil Procedure Disclosure Standard Disclosure Issue Based Disclosure CPR 31.5(7)

Case Brief

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Parties

Barclays Bank PLC

Claimant

Taberna Europe CDO I PLC

First Defendant

Taberna European Capital Management LLC

Second Defendant

Third Defendant

Procedural Posture

Commercial / Interlocutory Ruling on Disclosure

Legal Issues

1 Should Barclays Bank PLC be required to give standard disclosure or issue-based disclosure?
2 Are there relevant materials for issues 1.12, 1.13, 1.14, and 2.15 that require disclosure?

Ratio Decidendi

Court Disposition

Standard disclosure ordered for Barclays Bank PLC.

Orders

Barclays Bank PLC to give standard disclosure, limited in practice to issues 1.12, 1.13, 1.14, and 2.15, subject to revision after reply.
Parties to take sensible steps to limit timeframes, custodians, and costs in disclosure.