Persons Identified in Schedule 1 v Standard Chartered plc
Defendant failed to demonstrate any real risk of criminal prosecution or civil enforcement action by US or Singapore regulators for disclosure of relevant documents pursuant to an English Court order. The documents are relevant and necessary for a fair trial. Disclosure will be ordered, subject to a confidentiality ring including Claimant and funder representatives, not limited to external lawyers only.
- Parties
- Claimants: Persons Identified in Schedule 1; Defendant: Standard Chartered plc
- Jurisdiction
- England and Wales
- Judgment Date
- 13 August 2025
- Procedural Posture
- Civil / Case Management Conference (cmc), Ruling on Dispensation and Confidentiality Ring Applications
- Outcome
- Defendant's Dispensation Application dismissed; Confidentiality Ring Application granted in part.
- Legal Topics
- Dispensation From Disclosure, Confidentiality Ring, Foreign Law Restrictions, Comity, Risk of Prosecution, Civil Enforcement Sanctions, Fair Trial, Open Justice
Case Brief
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Parties
Persons Identified in Schedule 1
Claimants
Standard Chartered plc
Defendant
Procedural Posture
Civil / Case Management Conference (cmc), Ruling on Dispensation and Confidentiality Ring Applications
Legal Issues
- 1 Whether the Defendant should be dispensed from disclosing certain documents due to foreign law restrictions and risk of prosecution or civil enforcement
- 2 Whether disclosure should be limited to a confidentiality ring and its scope
- 3 Balancing risk of foreign prosecution/civil sanction against fair trial requirements
Ratio Decidendi
Defendant failed to demonstrate any real risk of criminal prosecution or civil enforcement action by US or Singapore regulators for disclosure of relevant documents pursuant to an English Court order. The documents are relevant and necessary for a fair trial. Disclosure will be ordered, subject to a confidentiality ring including Claimant and funder representatives, not limited to external lawyers only.
Court Disposition
Defendant's Dispensation Application dismissed; Confidentiality Ring Application granted in part.
Orders
- Disclosure of CSI Documents, US SARs, US SAR Information, and MAS Documents ordered into a confidentiality ring including three Claimant representatives and a funder representative.
- Confidentiality ring not limited to external lawyers only (EEO); Defendant not entitled to approve representatives in advance.
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