The Business Law Reports
[2008] Bus LR 744
Court of Appeal
Koo Golden East Mongolia v Bank of Nova Scotia and others
[2007] EWCA Civ 1443
2007 Dec 17;
19
Sir Anthony Clarke MR, Smith and Pumfrey LJJ
Practice— Discovery— State immunity— Claimant seeking to recover gold allegedly removed in breach of contract from deposit in foreign central bank— Claimant seeking disclosure of confidential information from bank concerning precious metals account held by central bank with view to suing third parties— Whether central bank entitled to immunity from suit— Whether bank agent for central bank — Whether claimant entitled to discovery —
State Immunity Act 1978 (c 33), ss 1, 3, 13, 14