The claimant said that interest rate manipulation by the defendant bank had caused it losses in interest rate derivatives and SWAP agreements. In the course of that the claimants sought disclosure of internal documents. The defendants resisted saying that disclosure might leave them open to further charges by banking regulators.
Held: Inspection was ordered.
Judges:
Birss J
Citations:
[2015] EWHC 321 (Ch)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – West London Pipeline and Storage Ltd and Another v Total UK Ltd and others Comc 22-Jul-2008
The court was asked whether it could go behind an affidavit sworn by a person claiming litigation privilege, and, if so, in what circumstances and by what means.
Held: The burden of proof is on the party claiming privilege to establish it; An . .
Cited – Science Research Council v Nasse; BL Cars Ltd (formerly Leyland Cars) v Voias HL 1-Nov-1979
Recent statutes had given redress to anyone suffering unlawful discrimination on account of race sex or trade union activities. An employee sought discovery of documents from his employer which might reveal such discrimination.
Held: The court . .
Cited – Secretary of State for Health and Others v Servier Laboratories Ltd and Others CA 22-Oct-2013
The French company defendants had been ordered to disclose documents which they said might expose them to criminal prosecution in France. They now appealed.
Held: The court was not obliged to make use of the Council Regulation. Orders for . .
Cited – Morris v Banque Arab et Internationale d’Investissement ChD 2000
The parties had exchanged lists of documents but one side objected to inspection of a number of them on the ground that it would put them in breach of French law.
Held: There was discretion to be exercised. Neuberger J ordered inspection . .
Cited – Graiseley Properties Ltd and Others v Barclays Bank Plc and Others ComC 24-Jan-2013
The claimants sought damages alleging that the defendant bank had manipulated the LIBOR bank rate whch was used to set interest rates on its loan. The defendant sought guidance as to the form to be taken by its electronic disclosures, and an order . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Banking
Updated: 16 August 2022; Ref: scu.543058