HSBC Bank PLc v David Hick Antiques Limited and Ors (Royal Court : Hearing (Civil)) [2025] JRC 072 (17 March 2025)

Source-derived case information.

Citation: [2025] JRC 072
Parties: Plaintiff: HSBC Bank Plc; First Defendant: David Hick Antiques Limited; Defendant: Mr Hick; Non Party Witness: Debbie Parker
Jurisdiction: Jersey
Judgment Date: 17 March 2025
Procedural Posture: Civil / Interlocutory Application for Specific Discovery
Outcome: application dismissed
Legal Topics: Discovery, Privilege, Mis Selling, Interest Rate Hedging Products, Similar Fact Evidence

Civil Procedure Banking Law Discovery Privilege Mis Selling Interest Rate Hedging Products Similar Fact Evidence

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Parties

HSBC Bank Plc

Plaintiff

David Hick Antiques Limited

First Defendant

Mr Hick

Defendant

Debbie Parker

Non Party Witness

Procedural Posture

Civil / Interlocutory Application for Specific Discovery

Legal Issues

1 Whether HSBC must provide specific discovery of documents relating to complaints of mis-selling IRHPs involving Debbie Parker
2 Whether documents relating to a complaint by Client D must be disclosed
3 Whether the 2013 internal review by HSBC is privileged and protected from disclosure

Ratio Decidendi

The material in the files relating to other Channel Islands and Isle of Man customers who complained about IRHPs is not relevant to DHAL's proceedings, as each customer and transaction is unique and representations made to others are not logically probative of the representations made to DHAL. Even if there were limited relevance, the burden and risk of satellite litigation would be disproportionate. The 2013 internal review is protected by without prejudice privilege and cannot be inspected.

Court Disposition

application dismissed

Orders

No order for specific discovery under paragraph 1 of DHAL's summons.
2013 internal review is privileged and not subject to inspection.

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