National Westminster Bank Plc v Rabobank Nederland

National Westminster Bank Plc v Rabobank Nederland

The court declined to strike out the relevant part of Rabobank's counterclaim mid-trial because there remained a material possibility that further evidence, particularly from NWB's witness Mr Hamilton, could affect the causation analysis. The risks and potential disruption of a mid-trial strike out, especially if reversed on appeal, outweighed any potential savings in time and cost. The threshold for such an exceptional step was not met.

Parties
Claimant: National Westminster Bank PLC; Defendant: Rabobank Nederland
Jurisdiction
England and Wales
Judgment Date
14 November 2006
Procedural Posture
Commercial / Mid Trial Application to Strike Out Part of Counterclaim
Outcome
Application to strike out part of counterclaim refused
Legal Topics
Strike Out Applications, Causation in Tort, Inducement of Breach of Contract, Professional Negligence, Case Management, Summary Judgment
Civil Procedure Commercial Law Tort Law Strike Out Applications Causation in Tort Inducement of Breach of Contract Professional Negligence Case Management +1 more

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Parties

National Westminster Bank PLC

Claimant

Rabobank Nederland

Defendant

Procedural Posture

Commercial / Mid Trial Application to Strike Out Part of Counterclaim

Legal Issues

  1. 1 Whether the court should strike out part of Rabobank's counterclaim mid-trial on its own volition
  2. 2 Whether there is a realistic prospect of success on the causation element of the counterclaim against NWB for inducing breach of contract or professional negligence

Ratio Decidendi

The court declined to strike out the relevant part of Rabobank's counterclaim mid-trial because there remained a material possibility that further evidence, particularly from NWB's witness Mr Hamilton, could affect the causation analysis. The risks and potential disruption of a mid-trial strike out, especially if reversed on appeal, outweighed any potential savings in time and cost. The threshold for such an exceptional step was not met.

Court Disposition

Application to strike out part of counterclaim refused