NMC Health PLC v Ernst & Young LLP

NMC Health PLC v Ernst & Young LLP

The court held that NMC is not required to review or disclose the UAE regulatory documents as they are not relevant to the issues in the proceedings. Regarding Article 67, the court found that the confidentiality obligation does not extend to NMC or its entities, and thus does not prohibit disclosure to the English court.

Parties
Claimant: NMC Health PLC (In Administration); Defendant: Ernst & Young LLP
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Commercial Court Proceedings / Interlocutory Application Regarding Disclosure of Documents
Outcome
Application by Ernst & Young for further disclosure refused in part and allowed in part
Legal Topics
Disclosure of Documents, Confidentiality Under Foreign Law, Relevance of Evidence
Civil Procedure Commercial Law Disclosure of Documents Confidentiality Under Foreign Law Relevance of Evidence

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 of Documents

Legal Issues

  1. 1 Whether NMC should be 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 as they are not relevant to the issues in the proceedings. Regarding Article 67, the court found that the confidentiality obligation does not extend to NMC or its entities, and thus does not prohibit disclosure to the English court.

Court Disposition

Application by Ernst & Young for further disclosure refused in part and allowed in part

Orders

  • NMC is not required to review or disclose the UAE regulatory documents for relevance.
  • Article 67 does not bar NMC from disclosing communications with the Abu Dhabi Public Prosecutor.