Secretary of State for Business and Trade v Alexander David Greensill
[2024] EWHC 1803 (Ch)
BCC Trade Credit PTY Limited & Ors v The Secretary of State for Business and Trade & Anor
18 July 2024
[2024] EWHC 2039 (Ch)
High Court
Insurers wanted to see documents used to try and disqualify a businessman. A judge let them see them, but only for a specific purpose and with rules to protect the businessman's privacy.
Key Facts
- •Application by BCC Trade Credit Pty Limited, Tokio Marine Management Australasia Pty Limited, and Tokio Marine & Nichido Fire Insurance Company Limited under CPR 5.4C(2), CPR 32.12(2) and/or the court’s inherent jurisdiction.
- •Applicants sought copies of affirmations made by Mr Ian Wilson (6 March 2024 and 24 June 2024) in support of the Secretary of State’s claim under the Company Directors Disqualification Act 1986 to disqualify Mr Alexander Greensill.
- •Affirmations relate to proceedings in the Federal Court of Australia concerning trade credit insurance policies.
- •Australian proceedings involve claims against Greensill Capital (UK) Limited, now in administration.
- •Applicants' defense in Australian proceedings alleges fraudulent non-disclosure and/or misrepresentation.
- •Experts from the Federal Court of Australia provided reports on the relevance of the affirmations.
- •Mr Greensill initially opposed the application but later withdrew opposition to providing the rule 3.3 statement.
Legal Principles
Open justice principle
Dring v Cape and Intermediate Holdings Ltd [2019] UKSC 38
CPR 5.4C governs access to court documents by non-parties.
CPR 5.4C
CPR 32.12(1) restricts the use of witness statements, with exceptions.
CPR 32.12
Company Directors Disqualification Act 1986: Duty of the court to disqualify unfit directors, public interest focus.
Company Directors Disqualification Act 1986, sections 6 & 7
Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987: Procedure for disqualification claims.
Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987
Fairness obligation on the Secretary of State in presenting evidence (Moonlight Foods UK Limited [1996] BCC 678).
Moonlight Foods UK Limited [1996] BCC 678
Hybrid nature of affidavit in disqualification proceedings (Re Finelist [2023] EWHC 1780 (Ch)).
Re Finelist [2023] EWHC 1780 (Ch)
Outcomes
Applicants granted permission to obtain a copy of the affirmations.
Balancing open justice principles with the need to protect Mr Greensill's interests. The affirmations represent the Secretary of State's case and are relevant to the Australian proceedings. The risk of harm to Mr Greensill can be mitigated through conditions.
Conditions imposed on the use of the affirmations.
To limit the use of the affirmations solely for the purpose of the Australian discovery application, protect confidential information, and allow Mr Greensill to apply for a non-disclosure order in Australia.
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