National Westminster Bank Plc v Rabobank Nederland

National Westminster Bank Plc v Rabobank Nederland

The documents in categories 1, 2, 4, 5, and 6 are not relevant to the pleaded issues and, even if they were, proportionality does not justify their disclosure. Confidentiality should be maintained except for the amount of the settlement agreement, which is relevant and should be disclosed.

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 / Interlocutory Application for Injunction/restraining Order
Outcome
application granted in part
Legal Topics
Disclosure of Documents, Confidentiality, Fiduciary Duties, Proportionality in Disclosure
Civil Procedure Banking Law Confidentiality Disclosure of Documents Fiduciary Duties Proportionality in Disclosure

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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 / Interlocutory Application for Injunction/restraining Order

Legal Issues

  1. 1 Whether documents held by Coopers & Lybrand should be disclosed for inspection in light of confidentiality obligations and relevance to pleaded issues
  2. 2 Whether proportionality justifies disclosure of the documents

Ratio Decidendi

The documents in categories 1, 2, 4, 5, and 6 are not relevant to the pleaded issues and, even if they were, proportionality does not justify their disclosure. Confidentiality should be maintained except for the amount of the settlement agreement, which is relevant and should be disclosed.

Court Disposition

application granted in part

Orders

  • Inspection of documents in categories 1, 2, 4, 5, and 6 is restrained; confidentiality is maintained.
  • The amount of the settlement agreement (category 7) is to be disclosed for inspection.