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A. INTRODUCTION
A.INTRODUCTION
The parties appear before the Court on the hearing of matters consequential upon the Court’s judgment dated 28 August 2025 (“Judgment”) in respect of the Disclosure Restriction Applications (“Applications”) made by the First and Second Defendants/Applicants (“Applicants”), and which is reported at [2025] EWHC 2243 (KB).
For the purposes of this Consequentials Judgment it is unnecessary to recount the factual background to the English Proceedings and the Applications, which are addressed at length in the Judgment, and to which reference can be made.
The following matters arise for determination on this consequentials hearing:
The wording of the confidentiality ring order (“CRO”). The Claimants submit that the CRO should be made in the terms proposed by the Claimants, whilst Glencore and Mr Glasenberg submit (in particular) that it should be an “external eyes only” confidentiality club.
The deadline for disclosure of the documents the subject of the Applications (the Claimants submit within 2 days, Glencore and Mr Glasenberg submit within 14 days).
Who should bear (i) the costs of Glencore’s Application which related to alleged restrictions under Dutch law, and (ii) the costs of Mr Glasenberg’s Application. Glencore and Mr Glasenberg submit that they should each be costs in the case whilst the Claimants submit that Glencore and Mr Glasenberg should pay the Claimants’ costs in relation to their respective Applications. It is agreed that in relation to the costs of Glencore’s Application that, insofar as the costs related to alleged restrictions under Swiss law, they should be costs in the case; and in relation to Canadian law, they should be reserved.
The amount of the payment on account, and when the detailed assessment should take place. For their part the Claimants submit that a payment on account of 70% should be ordered and that there should be detailed assessment forthwith.