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England and Wales High Court (Chancery Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Property Alliance Group Ltd v The Royal Bank of Scotland Plc  EWHC 322 (Ch) (19 February 2015)
Cite as:  EWHC 322 (Ch)
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Fetter Lane, London, EC4A 1NL
B e f o r e :
| PROPERTY ALLIANCE GROUP LIMITED
|- and -
|THE ROYAL BANK OF SCOTLAND PLC
David Railton QC and Adam Sher (instructed by Dentons) for the Defendant
Hearing dates: 11th February 2015
HTML VERSION OF JUDGMENT
Crown Copyright ©
Mr Justice Birss :
i) Confidentiality itself is no bar to disclosure or inspection: Science Research Council v Nassť  AC 1028.
ii) In relation to a document which is or ought to be disclosed, when disclosure or inspection is objected to on the ground that to do so would put the party at risk of foreign criminal proceedings, the English court retains jurisdiction under its local law to make such an order but has a discretion whether to do so in the circumstances: Health Secretary v Servier Laboratories  EWCA 1234 (Civ) and Morris v Banque Arab et Internationale d'Investissement  C.P. Rep. 65.
iii) There is a strong and fundamental principle of open justice in English law: Scott v Scott  AC 417, AG v Leveller Magazine  AC 440, Article 6 ECHR, CPR r39 and the Practice Guidance (Interim Non-Disclosure orders)  1 WLR 1003.
iv) There is an obvious and compelling public interest in establishing the true extent to which financial institutions had been engaged in the manipulation of LIBOR: Graiseley Properties v Barclays Bank  EWHC 67 (Comm) at paragraph 61.