National Westminster Bank Plc v Rabobank Nederland [2006] EWHC 218 (Comm) (03 February 2006)

National Westminster Bank Plc v Rabobank Nederland [2006] EWHC 218 (Comm) (03 February 2006)

The listed audit documents, depositions, and expert evidence are not relevant to the pleaded issues and do not satisfy the proportionality test for disclosure; confidentiality obligations prevail except for the settlement amount, which is relevant and should be inspected.

Source-derived case information.

Citation
[2006] EWHC 218 (Comm)
Parties
Claimant: National Westminster Bank PLC; Defendant: Rabobank Nederland; Intervener: Price Waterhouse and Coopers & Lybrand UK and US
Jurisdiction
England and Wales
Judgment Date
03 February 2006
Procedural Posture
Commercial Court Application / Interlocutory Application
Outcome
application granted in part
Legal Topics
Disclosure, Confidentiality, Fiduciary Duty, Proportionality
Commercial Law Banking Law Civil Procedure Disclosure Confidentiality Fiduciary Duty Proportionality

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Summary, issues, holding and outcome

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Parties

National Westminster Bank PLC

Claimant

Rabobank Nederland

Defendant

Price Waterhouse and Coopers & Lybrand UK and US

Intervener

Procedural Posture

Commercial Court Application / Interlocutory Application

Legal Issues

  1. 1 Whether audit documents, depositions, and expert evidence should be disclosed and inspected given confidentiality and relevance.
  2. 2 Whether the principle of proportionality precludes disclosure of documents that provide no significant additional information.

Ratio Decidendi

The listed audit documents, depositions, and expert evidence are not relevant to the pleaded issues and do not satisfy the proportionality test for disclosure; confidentiality obligations prevail except for the settlement amount, which is relevant and should be inspected.

Court Disposition

application granted in part

Orders

  • Inspection of audit documents, depositions, and expert evidence is restrained except for the settlement amount, which may be inspected.
  • Parties to resolve apportionment of settlement amount satisfactorily.