ECU Group plc v HSBC Bank plc and others

Disclosure and inspection of documents – Pre-action disclosure. The Commercial Court granted the applicant company's application for pre-action disclosure under CPR 31.16 against the three respondent banks in the HSBC group. The court held that there was, in principle, a real prospect that pre-action disclosure would be likely to shed real and direct light on whether there had been currency market front-running by the respondents, which could found possible claims by the company for breach of contract, among other things.

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