September 3, 2023

Stanton Holding Limited -v- Barclays Bank UK Plc

Business and Property Courts Business List High Court Privacy Order

Claim Number: BL-2023-001132

In the High Court of Justice
Business and Property Courts of England and Wales
Business List (ChD)

8 September 2024

Before:

Master Kaye sitting in private

Between:

Stanton Holding Limited
A company registered in England and Wales under Number 05640001)

-v-

Barclays Bank UK Plc

Order

UPON the hearing in private of the Claimant’s claim by claim form under CPR Part 8 dated 21 August 2023

AND UPON hearing Richard Fowler, counsel for the Claimant, and James Freeman, counsel for the Defendant

AND UPON the Court reading the witness statements of Stephen Fairburn on behalf of the Claimant dated 21 August 2023, 6 September 2023 and 8 September 2023

AND UPON the Claimant undertaking that if the Court later finds that this order has caused loss (including any reasonable legal or other costs and expenses incurred in dealing with this application or this Order) to the Defendant or to a third party, and decides that that person should be compensated for that loss, the Claimant will comply with any order the Court may make

AND UPON the Claimant also undertaking that it will not, without the permission of the Court, use any of the information and documents obtained as a result of this Order for the purpose of any civil or criminal proceedings, either in England and Wales or in any other jurisdiction, other than for the purposes of (a) considering, investigating, preparing and / or bringing any proceedings against the alleged wrongdoer or wrongdoers which this application seeks to identify and any relief connected with the alleged misappropriation, including recovery of the alleged misappropriated monies and / or traceable proceeds of the same (except the Defendant); and (b) reporting details of the alleged wrongdoing and / or the identity of the alleged wrongdoer or wrongdoers to the appropriate criminal or regulatory authorities.

IT IS ORDERED THAT:

1. The Court being satisfied that publicity would defeat the object of the claim, it is ordered that:

1.1 This hearing is in private

1.2 A copy of this order shall not be published on the website of the Judiciary of England and Wales pursuant to CPR rule 39.2(5) until 4 p.m. on 8 March 2024 or further order of the Court, whichever is earlier

1.3 With respect to the Court’s file:
1.3.1 The Court’s file in relation to this claim shall be marked “confidential”, and
1.3.2 The parties’ names shall not be visible to a non-party, and
1.3.3 Pursuant to CPR rule 5.4C(3) and/or the Court’s inherent jurisdiction, a non-party may not obtain a copy of any document filed by a party, or a transcript or recording of this hearing unless the Court gives permission until 4pm on 8 March 2024 or further order of the Court, whichever is earlier

1.4 The provisions of paragraph 3 of the Order of Master Kaye dated 30 August 2023 shall continue to have effect until 4 p.m. on 8 March 2024 or further order of the Court, whichever is earlier

2. In this Order:

2.1 “The Account” means the account set out in Schedule 1 to this Order below and held at the Defendant;

2.2 “The Account Holders” means the holder or holders of the Account;

2.3 “The Second Account” means the account set out in Schedule 2 to this Order below and held at the Defendant

2.4 “The Transaction” means the payment of US$700,000 made on 28 or 29 June 2023 from the account of the Claimant at Compagnie Bancaire Helvetique via an intermediary bank into the Account

2.5 “The Proposed Transaction” means the payment of US$500,000 which the Claimant was asked to make on 3 July 2023 from the account of the Claimant at Compagnie Bancaire Helvetique into the Second Account, but which the Claimant did not make

3. To the extent that the Defendant holds the following, the Defendant shall give disclosure and information to the Claimant by 4.30pm, 14 days after the Claimant serves a sealed copy of this Order, as follows:

3.1 The Defendant shall disclose the identity of the Account Holders, to include the name(s) and address(es) of the Account Holders;

3.2 The Defendant shall provide copies of all communications passing between the Defendant and the Account Holders (or any of them) which concern:
(i) payment into the Account under the Transaction, and
(ii) payments out of the Account of funds from the Transaction from 28 June 2023 or alternatively from the date of the first records retained by the Defendant if that is later, until the Account next had a nil or negative balance following the Transaction, or the date of this Order, whichever is earlier;

3.3 The Defendant shall provide copies of statements relating to the Account, showing
(i) payment into the Account under the Transaction, and
(ii) payments out of the Account of funds from the Transaction, from 28 June 2023 or alternatively from the date of the first records retained by the Defendant if that is later, until the Account next had a nil or negative balance following the Transaction, or the date of this Order, whichever is earlier;

3.4 Insofar as not already disclosable under paragraphs 3.1 to 3.3 above, the Defendant shall provide copies of:

3.4.1 Every SWIFT communication between the Defendant and any bank in relation to
(i) payment into the Account under the Transaction, and
(ii) payments out of the Account of funds from the Transaction, from 28 June 2023 until the date of this Order;

3.4.2 The same records/information relating to any account into which funds from the Account which are or appear to be the product of the Transaction have been directly transferred since 28 June 2023 until the date of this Order;

3.5 Copies of all identification documents provided by the Account Holder(s) to the Defendant at the time the Account was opened;

3.6 With respect to the Second Account:

3.6.1 Copies of all identification documents provided by the account holder(s) of the Second Account to the Defendant at the time the Second Account was opened;

3.6.2 Copies of all communications passing between the Defendant and the account holders (or any of them) which concern both the Second Account and the Proposed Transaction, from 28 June 2023 or alternatively from the date of the first records retained by the Defendant if that is later until the date of this Order

4. Should the Claimant require any further information or documents from the Defendant as a result of the disclosure under this Order, they have permission to make a further application in these proceedings to obtain another Order from the Court.

5. The Claimant and the Defendant may agree in writing to vary any of the time limits set out in this Order.

6. The Defendant must not inform anyone else of these proceedings or that it is to disclose the information sought until agreed in writing with the Claimant.

7. The Defendant’s reasonable costs, including its costs and expenses of complying with this Order, be paid by the Claimant.

8. The Defendant may apply to the court at any time to vary or discharge this Order, but if it wants to do so, it must first inform the Claimant’s solicitors in writing at least 48 hours beforehand.

9. The Claimant has permission to apply, such permission to include that set out in paragraph 4 above.

10. This Order shall be served by the Claimant on the Defendant.