NMC Health Plc (in administration) v Ernst & Young LLP

NMC Health Plc (in administration) v Ernst & Young LLP

The Court found that the principle of open justice strongly favours unrestricted disclosure of the Settlement Agreement and Bin Butti Claim Documents. NMC failed to show clear and cogent evidence of a real risk of prosecution under UAE law for disclosure, nor that the confidentiality restrictions in the Bankruptcy Court Orders apply to NMC or the documents held independently. Comity considerations do not outweigh open justice, and the English Court is not bound by the prior approach to the UAE court. The confidentiality undertakings are discharged.

Parties
Claimant: NMC Health PLC (in administration); Defendant: Ernst & Young LLP
Jurisdiction
England and Wales
Judgment Date
05 February 2025
Procedural Posture
Commercial Court Application / Ruling on Application to Discharge Confidentiality Undertakings
Outcome
Application granted; confidentiality undertakings discharged.
Legal Topics
Confidentiality Orders, Open Justice, Comity, Foreign Law, Disclosure, Risk of Prosecution
Civil Procedure International Law Insolvency Commercial Law Confidentiality Orders Open Justice Comity Foreign Law +2 more

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Parties

NMC Health PLC (in administration)

Claimant

Ernst & Young LLP

Defendant

Procedural Posture

Commercial Court Application / Ruling on Application to Discharge Confidentiality Undertakings

Legal Issues

  1. 1 Whether confidentiality undertakings imposed on the Settlement Agreement and Bin Butti Claim Documents should be discharged
  2. 2 Whether there is a real risk of prosecution under UAE law for disclosure
  3. 3 Whether comity requires maintaining confidentiality restrictions

Ratio Decidendi

The Court found that the principle of open justice strongly favours unrestricted disclosure of the Settlement Agreement and Bin Butti Claim Documents. NMC failed to show clear and cogent evidence of a real risk of prosecution under UAE law for disclosure, nor that the confidentiality restrictions in the Bankruptcy Court Orders apply to NMC or the documents held independently. Comity considerations do not outweigh open justice, and the English Court is not bound by the prior approach to the UAE court. The confidentiality undertakings are discharged.

Court Disposition

Application granted; confidentiality undertakings discharged.

Orders

  • The confidentiality undertakings imposed on the Settlement Agreement and Bin Butti Claim Documents are discharged.
  • Disclosure and inspection of the Settlement Agreement and Bin Butti Claim Documents to EY without confidentiality restrictions.