The ECU Group Plc v HSBC Bank Plc & Ors

The ECU Group Plc v HSBC Bank Plc & Ors

Permission for collateral use of disclosed documents is strictly limited under CPR 31.22(1); retrospective permission may be granted only in rare and exceptional circumstances, and only where the breach was unintentional and no advantage is gained from improper purpose. Serious breaches, such as unauthorised...

Source-derived case information.

Parties
Applicant: THE ECU GROUP PLC; Respondent: HSBC BANK PLC; Respondent: HSBC PRIVATE BANK (UK) LIMITED; Respondent: HSBC BANK USA, N. A.
Jurisdiction
England and Wales
Judgment Date
09 November 2018
Procedural Posture
Commercial Court Application / Ruling on Application for Prospective and Retrospective Permission for Collateral Use of Disclosed Documents
Outcome
Application for prospective permission granted in part and refused in part; retrospective permission granted in part and refused in part; costs awarded against applicant on indemnity basis.
Legal Topics
Pre Action Disclosure, Collateral Use of Disclosed Documents, Costs, Sanctions for Breach of Disclosure Rules
Civil Procedure Commercial Law Pre Action Disclosure Collateral Use of Disclosed Documents Costs Sanctions for Breach of Disclosure Rules

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Summary, issues, holding and outcome

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Parties

THE ECU GROUP PLC

Applicant

HSBC BANK PLC

Respondent

HSBC PRIVATE BANK (UK) LIMITED

Respondent

HSBC BANK USA, N. A.

Respondent

Procedural Posture

Commercial Court Application / Ruling on Application for Prospective and Retrospective Permission for Collateral Use of Disclosed Documents

Legal Issues

  1. 1 Whether permission should be granted for collateral use of disclosed documents under CPR 31.22(1)
  2. 2 Whether retrospective permission should be granted for prior unauthorised use of disclosed documents
  3. 3 Appropriate sanctions and costs for breach of CPR 31.22(1)

Ratio Decidendi

Permission for collateral use of disclosed documents is strictly limited under CPR 31.22(1); retrospective permission may be granted only in rare and exceptional circumstances, and only where the breach was unintentional and no advantage is gained from improper purpose. Serious breaches, such as unauthorised disclosure to the press, will not be retrospectively permitted and attract indemnity costs.

Court Disposition

Application for prospective permission granted in part and refused in part; retrospective permission granted in part and refused in part; costs awarded against applicant on indemnity basis.

Orders

  • Prospective permission granted for use of disclosed documents to consider joining HSBC Holdings Plc and communicating with clients/former clients as co-claimants.
  • Retrospective permission granted for prior communications with UK and US authorities and US attorneys, subject to conditions including termination of retainers and non-disclosure of advice.