Harre CJ
```html IN THE GEORGE T OF THE CAYMAN ISLANDS HOLDEN AT TOWN, GRAND CAYMAN CAUSE NO. MITE 61 IN THE MAINTENANCE OF BANK OF CREDIT AND COMMERCE INTERNATIONAL (OVERSEAS) LTD LIQUIDATION IN THE MAINTENANCE OF CREDIT AND COMMERCE INTERNATIONAL (OVERSEAS) LTD LIQUIDATION OF CREDEN TIAL RELATIONSHIPS(PRESERVATION) LAWS AS AMENDED) CFN ATTORNEY FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS DEFENDANT REAS) THE CONFIDENTIAL RELATIONSHIPS(PRESERVATION) FOR THE APPLICANT BANK OF CREDIT AND COMMERCE INTERNATIONAL LIMITED (IN LIQUIDATION) PLAINTIFF ATTORNEY GENERAL OF THE CAYMAN ISLANDS
```html or ary to - ary by to - to th ik in any proceedings， cause or matter when inst t cessie extent to which it is reasonably terest， / for the protection of the bank's uestion， either as against its customers or as ...a third parties in respect of transactions of him the for， or with， its customer；" ow， Chief J The firstScot， can for determination is whether the words "any proceedin folle or matter" refer only to proceedings causes or matters whether a Cayman Islands. That fell for consideration by the forme， (..) J， Justice， Sir John Summerfield， in Attorney General v Bank of Necessar， nfa et al (1984-5) CILR 418. The issue before him is set out ast ring is the first defendant can rely on S.3 (2) he fir for the purpose of making disclosure of the ra st initial information ... to a United states ion fere the ground that to do so is reasonably lands， nty for the protection of the bank's prose P." ct the relevant passage from his judgment - the lation most point that should be made is that， in me.S.C. most defendant can rely on S.3 (2) I predec with section 3A (1) which makes express rt d es to proceedings within and without these sks section 3 (2) (b) (v) makes no reference . s， alt edings outside these Islands. In my view pa 3 (2) (1) (v) has application only in ... to proceedings， causes or matters within (v) (b) lands." and it ag Mr. Moser， th to take the view that this and other observations of my learn e wi， (b) obiter， ine s istinguishable and， in part， should not in any event be follow in "W would not lightly adopt the last of these alternati wi though it is open to me to do so. The principle is Is n re a to ve ed ```
```html to be fou e Autho following passage from the judgment of Lord Goddard CJ in Pol in prity of Huddersfield v Watson (1974) 1 KB 842 at 848 the inst the the the I can only say for myself that I think jud modern practice, and the modern view of to 1 subject, is that a judge of first is Lance, unless he is convinced the judgment ve wrong, would follow it as a matter of abun icial comity. He certainly is not bound an follow the decision of a judge of equal s ha int ds. isdicti of an on It is by volvin irantly a matter of record in these Courts that many payman baou his n customers and employ many professionals outside these Ishe 1 Relainternational kind, and their being required to litigatio protect t annlrest, whether against customers or third parties. 1 Actions o the de tature may be both complex and protracted with issues possibly nd the of additional evidence and new parties arising along the way. CJ fr ld be most onerous for banks to have to make (b) inatons of uncertain outcome under S. 3A of the successivo Confidentn or the tionships (Preservation) Law during the conduct of litigatic and his kind, simply because that litigation was taking er place outs ca man Cayman Islands. The essence of the matter, in my judgment, obit ratio decidendi of that part of the judgment of Summerfi h tom which the passage to which I have referred is ng question whether or not disclosure is reasonably taken lies ecessary protection of the bank's interests within the terms ic of S. 3 ( nd v). That is so, whether or not the disclosure is to main issuno s dictum that S. 3 (2) (b) (v) has application only the question before Summerfield C.J. do not go to the to proceed in nkuses or matters within these Islands may be an. I have come to a different view of that for the consider reasons we nave expressed. As a matter of drafting I le's ay a di f ur ld ```
```html 11 considered whether I should draw the conclusion from the omission of the words- the Law, within or without these Islands", which appear in 3A (1) om a...w, from S. 3 (2) (b) (v) that proceedings outside the Islands (1) intended to be excluded. I concluded that I should not. S. 3 (2) (b) (v) deals with a very different situation. It expresses the circumstances but under which an application must be made for directions. S. 3 (2) (b) (v) expresses a total exemption of the specific purpose, from the application of the Law. The scope to detexception should not be dependent on territorial consideration which on the extent to which disclosure is reasonably necessary which affect the bank's interest, and what is the ambit of the interest the Court is entitled to protect. That is the question which I now have to determine in relation to a second declaration sought by the applicant given which I made in the following amended form- confidential confidential Relationships (Preservation) 1999 (as amended) has no application to (or) seeking, divulging, or obtaining, of confidential information, including the disclosing in evidence of confidential information, by the Plaintiff in English High Court actions CH 1992-B-No. 2754, CH Engl3-B-No. 1509 and CH 1993-B-No. 1512 en be respite any consolidated proceedings arising and not (sought from) to the extent that any such of disclosure is reasonably necessary to protect the interests of the Plaintiff." In the third action there referred to Bank of Credit and Commerce d. ional (Overseas) Ltd is the first named plaintiff and the relief is in respect of, inter alia, the audit and preparation of accounts. The defendants are firms of auditors alleged to be responsible for negligence, breach of duty and/or breach of contract which named partners or employees of those firms. The actions have consolidated with other actions commenced by other companies in BCCI Group. ```
```html 5 relatv assage is aspect of the matter， I shall now consider the following case from the judgment of Summerfield CJ in the Bank of Iova Scotty ollow， although this provision is rather occeedir accorded， in my view it contemplates only an overdrawn accounts or transactions， and reveal isio：cial information relevant to such and nothings. reign ovily， the bank's interest which it may nt disl in respect of (and confined to) provisions of the bank for， or with， its customer reserv that other interest. One situation this empt prn does not contemplate is one where the gisclosed confidential information to a nt court， e.g. in answer to a subpoena issued reason court， or otherwise than in accordance with ioisio：of the Confidential Relationships dit anation) Law in order to escape possible ch which t proceedings. Why in the world would the here：(2 to undermine the operation of this law? 3 n su to give a bank， and a bank alone， that able construction of the provision would inat course." Bank of Commerce International (Overseas) Ltd is， through its liquidation a party to the proceedings in respect of which disclosure sought. I agree with the view of Summerfield that spr to (b) (v) contemplates only proceedings， causes or matters to the bank is a party. But to determine the nature of the bank' fo prst in respect of which it is entitled to invoke the provision by tr proceedings needs consideration at rather greater length. da Le o al las No ```
The Confid. Acted Relationships (Preservation) Law is a penal statute. It is first intended to provide that nothing in it should by implication be deemed to derogate from the rule in Tournier v National Provincial Bank Ltd (1924) 1 KB 461 which deals with the civil duty of banks when preserving the confidentiality of the business of their customers. When the Law was amended in 1979 that provision was removed as section 3 (2) (b) (v) appeared. The intention of that was clearly to rule as to the precise ambit of the common law in cases applied by reference in a statute which carries a penal sanction. It was unfortunate, in my judgment, a very happy legislative exercise at the developing that comment I propose to adopt what was said by Lord Justice Banks in X AG v A Bank (1983) 2 All ER 464 in respect of Tournier. It was not, in my judgment, a very happy legislative exercise at the developing that comment I propose to adopt what was said by Lord Justice Banks in X AG v A Bank (1983) 2 All ER 464 in respect of Tournier. It was not, in my judgment, a very happy legislative exercise at the developing that comment I propose to adopt what was said by Lord Justice Banks in X AG v A Bank (1983) 2 All ER 464 in respect of Tournier. It was not, in my judgment, a very happy legislative exercise at the developing that comment I propose to adopt what was said by Lord Justice Banks in X AG v A Bank (1983) 2 All ER 464 in respect of Tournier. Qualifications are of the contractual duty implied in the relationship of banker to customer, remarking that there appeared to be doubt on the point. He said: 'On principle I think that the qualification can be classified in four heads: (a) where disclosure is under compulsion by the bank; (b) where there is a duty to the public to disclose; (c) where the interests of the bank require disclosure; (d) where the disclosure is made by the express or implied consent of the customer.' Turning in particular to examples of the third and fourth mentioned the issue by a bank of a written statement of an overdraft stating on the face of the writ the amount of the overdraft. In a no-fault passage Scrutton J gave a similar of 'F... whilst Atkin L.J. expressed himself as so extending the rule more widely, saying...
It will be difficult to hit upon a formula which will define the maximum of the obligation which must necessarily be implied. But I take it safe to say that the obligation not to disclose information such as I have mentioned is subject to the qualification that the bank has the right to disclose such information when, and to the extent to which, it is reasonably necessary for the protection of the bank's interests, either against their customer or as against third parties in respect of transactions of the bank for or on behalf of their customer, or for protecting the bank or persons interested, or the public, against fraud or crime. Leggatt J. referred to a submission by counsel to the effect that the duty described by their Lordships in Tournier was not absolute and that the statute of Banks LJ's qualifications or exceptions were only examples of public policy, and that Tournier does not constitute a statute as such. I think that case does not fall to be construed as such. I think that case does not fall to be construed as such. That task is made no cause of the ambiguity of the wording of S. 3 (2) (1) (v), which is illustrated by the adding of notional commas in the text of the rest at the following alternative points:
EITHER in the interest of either as against their customer or as against third parties,
OR in the interest of either as against their customer or, as against third parties, In favour of the second construction I must respectfully differ from what was a my predecessor the first sentence of his third conclusion. Bank of Nova Scotia case while entirely agreeing with the statement that conclusion. My first reason for this view is in in in sa re re
```html 8 because tic t in triction which does not appear in the other judgments of the co of th at case; secondly because it is a more natural F construct the retahe words used; and most importantly because it is the c only interestior on which is consistent with the less elliptically phrased e the cu of the principle in the following passage which appears ait ut s earlier in the judgment of Atkin LJ pect o bank is entitled to secure itself in or] what Lo f liabilities it incurs to the customer appl customer to it， and in respect of ad ries to third parties in respect of the five ions it conducts for or with its customer." 1 In my vie inst a Lord Atkin there said about liabilities to third parties m， be c t equally to rights against third parties. 1 have al laintlefly described the nature of the English actions referred il second declaration on the summons. They are ctions a. there di ditors. On 4th March 1993 the English High Court ordered and d seed actions， in three of which the company was the principal cheff and which are the three referred to in my a declarati that i onsolidated. There was before me at the hearing of the summohe hear ft of the consolidated statement of claim in the English p ic. It gave this Court an opportunity to consider the matters information entificuments might be given in evidence. The draft containedfar i ajor as of matters which， taken alone or together， were umbrethe business of Overseas and other companies in the indicatio rily BCCI Group and have been conducted in a manner in which there was a risk of m sonisstatements resulting from error or fraud. Among those matter the growth of high risk activities and the losses incurred； he number of or r p accounts in relation to which there was no li xp ation of the relevant borrower or depositor. These recorded us re ation of the Group in general on a small number of r borrowers or groups of borrowers； and the increasing dependency of the Group in general on a small number of r li accounts in relation to which there was no recorded us re ation of the relevant borrower or depositor. These matter， on res they relate to overseas， are in respect of (though not neces ns tonfined to) "transactions by the bank for， or with， ts custo ro， it is in evidence in this application that the bulk id at in te ns mesa ```
```html 9 of the coups (Prel information as defined by the Confidential relations of the Law is contained in Appendices to schedule J10V draft Statement of Claim which contain details of borrows which are alleged to be relevant to those matters. The Appen each t port to set out particulars of imprudent conduct in relation which j target account of the target borrowers." Seventeen such targe vers are identified by name. action This is a interes by the liquidators， based on these allegations， the purpose of this to recover sums for the benefit principally of the repositor of th bank who have lost so heavily as a result of the ctivities for t bank and its associated companies. It must be in he bank not t st to recover the maximum possible sum for its creditors way. If there are some transactions which may fall outside the banker-customer relationship they are likely both to be min velation to the vast overall size of this matter and to involve confidential information as defined in the law. It these reasons that I made my order dated 27th August 1993. Chief Just 26th January 1994.