NMC Health PLC v Ernst & Young LLP (No. 3) [2024] EWHC 2794 (Comm) (01 November 2024)

NMC Health PLC v Ernst & Young LLP (No. 3) [2024] EWHC 2794 (Comm) (01 November 2024)

The court held that NMC is not required to review or disclose the UAE regulatory documents on the ground of relevance, accepting Mr. O'Rourke's approach. However, regarding Article 67, the court found that the confidentiality obligation does not extend to NMC Limited or NMC itself, as the provision applies only to specified categories of persons acting ex officio, not to entities assisting the prosecution authorities.

Citation
[2024] EWHC 2794 (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 Proceedings / Interlocutory Application Regarding Disclosure
Outcome
Application for disclosure of UAE regulatory documents refused on grounds of relevance; Defendant's argument on confidentiality under Article 67 of UAE law accepted.
Legal Topics
Disclosure of Documents, Relevance of Evidence, Confidentiality Under Foreign Law
Civil Procedure Commercial Law Disclosure of Documents Relevance of Evidence Confidentiality Under Foreign Law

Case Brief

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Parties

NMC Health PLC (in administration)

Claimant

Ernst & Young LLP

Defendant

Procedural Posture

Commercial Court Proceedings / Interlocutory Application Regarding Disclosure

Legal Issues

  1. 1 Whether NMC is required to disclose UAE regulatory documents in these proceedings
  2. 2 Whether Article 67 of the UAE Criminal Procedures Law prohibits disclosure of communications with the Abu Dhabi Public Prosecutor

Ratio Decidendi

The court held that NMC is not required to review or disclose the UAE regulatory documents on the ground of relevance, accepting Mr. O'Rourke's approach. However, regarding Article 67, the court found that the confidentiality obligation does not extend to NMC Limited or NMC itself, as the provision applies only to specified categories of persons acting ex officio, not to entities assisting the prosecution authorities.

Court Disposition

Application for disclosure of UAE regulatory documents refused on grounds of relevance; Defendant's argument on confidentiality under Article 67 of UAE law accepted.

Orders

  • NMC is not required to review or disclose the UAE regulatory documents for relevance.
  • Article 67 of the UAE Criminal Procedures Law does not prohibit disclosure by NMC or its affiliates.