NMC Health PLC v Ernst & Young LLP (No. 1)(Rev1) [2024] EWHC 2792 (Comm) (01 November 2024)

Where both parties could have made a third-party disclosure application, fairness requires that the costs of third-party review and disclosure be split equally between them.

Citation: [2024] EWHC 2792 (Comm)
Parties: Claimant: NMC Health PLC (in administration); Defendant: Ernst & Young LLP
Jurisdiction: England and Wales
Judgment Date: 01 November 2024
Procedural Posture: Commercial Court Claim / Interlocutory Hearing on Disclosure and Costs
Outcome: Application granted in part; costs of LCIA document review and disclosure to be split equally between Claimant and Defendant; costs of this application to be costs in the case.
Legal Topics: Disclosure of Documents, Third Party Costs, Confidentiality, Arbitration Documents

Civil Procedure Commercial Law Disclosure of Documents Third Party Costs Confidentiality Arbitration Documents

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

NMC Health PLC (in administration)

Claimant

Ernst & Young LLP

Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Hearing on Disclosure and Costs

Legal Issues

1 Whether the Bin Butti Settlement Agreement should be disclosed subject to confidentiality restrictions
2 Who should bear the costs of reviewing and disclosing LCIA arbitration documents

Ratio Decidendi

Where both parties could have made a third-party disclosure application, fairness requires that the costs of third-party review and disclosure be split equally between them.

Court Disposition

Application granted in part; costs of LCIA document review and disclosure to be split equally between Claimant and Defendant; costs of this application to be costs in the case.

Orders

Claimant and Defendant to jointly approach UAE Bankruptcy Court regarding Bin Butti Settlement Agreement disclosure.
Claimant and Defendant to each pay half of the costs of Eversheds' review and disclosure of LCIA documents.