McKillen v Misland (Cyprus) Investments Ltd & Ors

McKillen v Misland (Cyprus) Investments Ltd & Ors

There was no sufficient evidential basis or legal justification to depart from the principles of open justice and natural justice by excluding parties from evidence or holding part of the trial in private; the risks alleged by Mr. McKillen were speculative or remote, and the financial information in question was not of a personal nature warranting privacy under CPR 39.2(3)(c).

Parties
Petitioner/claimant: Patrick McKillen; Respondent/defendant: Misland (Cyprus) Investments Limited; Respondent/defendant: Derek Quinlan; Respondent/defendant: Ellerman Corporation Limited; Respondent/defendant: B Overseas Limited; Respondent/defendant: Richard Faber; Respondent/defendant: Michael Seal; Respondent/defendant: Rigel Mowatt; Respondent/defendant: Coroin Limited; Defendant: Sir David Rowat Barclay; Defendant: Sir Frederick Hugh Barclay; Defendant: Maybourne Finance Limited; Defendant: The Trustees of the Sir David and Sir Frederick Barclay Family Settlements; Defendant: National Asset Loan Management Limited
Jurisdiction
England and Wales
Judgment Date
26 April 2012
Procedural Posture
Civil (company/commercial) / Interlocutory Application for Confidentiality and Private Hearing Orders During Trial
Outcome
Application dismissed
Legal Topics
Open Justice, Confidentiality Regimes, Natural Justice, Disclosure, Section 994 Companies Act (unfair Prejudice), Article 6 and 8 ECHR
Company Law Civil Procedure Human Rights Open Justice Confidentiality Regimes Natural Justice Disclosure Section 994 Companies Act (unfair Prejudice) +1 more

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Parties

Patrick McKillen

Petitioner/claimant

Misland (Cyprus) Investments Limited

Respondent/defendant

Derek Quinlan

Respondent/defendant

Ellerman Corporation Limited

Respondent/defendant

B Overseas Limited

Respondent/defendant

Richard Faber

Respondent/defendant

Michael Seal

Respondent/defendant

Rigel Mowatt

Respondent/defendant

Coroin Limited

Respondent/defendant

Sir David Rowat Barclay

Defendant

Sir Frederick Hugh Barclay

Defendant

Maybourne Finance Limited

Defendant

The Trustees of the Sir David and Sir Frederick Barclay Family Settlements

Defendant

National Asset Loan Management Limited

Defendant

Procedural Posture

Civil (company/commercial) / Interlocutory Application for Confidentiality and Private Hearing Orders During Trial

Legal Issues

  1. 1 Whether the court should continue or impose a confidentiality regime restricting access to evidence and documents to parties' lawyers and/or exclude parties themselves from evidence at trial
  2. 2 Whether part of the trial should be heard in private due to alleged confidentiality and personal financial information

Ratio Decidendi

There was no sufficient evidential basis or legal justification to depart from the principles of open justice and natural justice by excluding parties from evidence or holding part of the trial in private; the risks alleged by Mr. McKillen were speculative or remote, and the financial information in question was not of a personal nature warranting privacy under CPR 39.2(3)(c).

Court Disposition

Application dismissed

Orders

  • No order for continuation or imposition of confidentiality regime restricting access to evidence at trial
  • No order for part of the trial to be heard in private