Aabar Holdings S.À.R.L & Ors v Glencore Plc & Ors (Consequentials Judgment)

Aabar Holdings S.À.R.L & Ors v Glencore Plc & Ors (Consequentials Judgment)

An external eyes only confidentiality ring was not justified; the appropriate order is a conventional confidentiality ring including up to two in-house lawyers per Claimant group (with liberty to apply for more in specific cases). Disclosure of relevant documents is to be made within 14 days. Glencore and Mr Glasenberg are to pay the Claimants’ costs of the Dutch law restriction applications, with a payment on account of £125,000 each, and detailed assessment deferred until conclusion of proceedings.

Parties
Claimants: AABAR HOLDINGS S.À. R. L & OTHERS; Defendant: GLENCORE PLC; Defendant: MR IVAN GLASENBERG
Jurisdiction
England and Wales
Judgment Date
21 October 2025
Procedural Posture
Commercial Court Financial List / Approved Consequentials Judgment Following Substantive Judgment on Disclosure Restriction Applications
Outcome
Applications for external eyes only confidentiality ring dismissed; conventional confidentiality ring ordered; costs awarded to Claimants.
Legal Topics
Disclosure, Confidentiality Orders, Costs, Foreign Law Restrictions
Civil Procedure Commercial Law Disclosure Confidentiality Orders Costs Foreign Law Restrictions

Case Brief

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Parties

AABAR HOLDINGS S.À. R. L & OTHERS

Claimants

GLENCORE PLC

Defendant

MR IVAN GLASENBERG

Defendant

Procedural Posture

Commercial Court Financial List / Approved Consequentials Judgment Following Substantive Judgment on Disclosure Restriction Applications

Legal Issues

  1. 1 Appropriate wording and scope of confidentiality ring order (CRO)
  2. 2 Deadline for disclosure of documents subject to CRO
  3. 3 Incidence and assessment of costs for disclosure restriction applications

Ratio Decidendi

An external eyes only confidentiality ring was not justified; the appropriate order is a conventional confidentiality ring including up to two in-house lawyers per Claimant group (with liberty to apply for more in specific cases). Disclosure of relevant documents is to be made within 14 days. Glencore and Mr Glasenberg are to pay the Claimants’ costs of the Dutch law restriction applications, with a payment on account of £125,000 each, and detailed assessment deferred until conclusion of proceedings.

Court Disposition

Applications for external eyes only confidentiality ring dismissed; conventional confidentiality ring ordered; costs awarded to Claimants.

Orders

  • Confidentiality ring order to include up to two in-house lawyers per Claimant group (with liberty to apply for more in specific cases)
  • Disclosure of relevant documents (FIOD Documents and MLAT Request) within 14 days