AXA Equity & Life Assurance Plc & Ors v National Westminster Bank Plc & Ors, Court of Appeal - Civil Division, May 07, 1998, (1998) CLC 1177,[1998] EWCA Civ 782

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AXA Equity & Life Assurance Plc & Ors v National Westminster Bank Plc & Ors, Court of Appeal - Civil Division, May 07, 1998, (1998) CLC 1177,[1998] EWCA Civ 782

Case No: CHANF 98/0236 CMS3

BAILII Citation Number: [1998] EWCA Civ 782

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE HIGH COURT OF JUSTICE

(Mr. Justice Rimer)

Royal Courts of Justice

Thursday, 7th May 1998

B e f o r e :

LORD JUSTICE MORRITT

LORD JUSTICE BROOKE

LORD JUSTICE MAY

- - - - - - - -

AXA EQUITY & LIFE ASSURANCE PLC

SOCIETY PLC AND OTHERS

Appellants

-v-

NATIONAL WESTMINSTER BANK PLC AND OTHERS

Respondents

- - - - - - - -

(Handed Down Judgment of Smith Bernal Reporting Limited,

180 Fleet Street, London, EC4A 2HD

Telephone No: 0171-421 4040

Fax No: 0171-831 8838

Official Shorthand Writers to the Court)

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MR. N. THOMAS Q.C. (instructed by Messrs Norton Rose, London, EC3) appeared on behalf of the Appellants/Plaintiffs.

MR. C. HOLLANDER and MR. T. ADAM (instructed by Messrs Barlow Lyde & Gilbert, London, EC3) appeared on behalf of the 6th Respondent/6th Defendant.

THE FOURTH RESPONDENT appeared in Person.

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J U D G M E N T

LORD JUSTICE MORRITT:

1. By his order made on 2nd February 1998 Rimer J refused

the application of the plaintiffs ("the Investors") for orders for discovery of documents against, amongst others, National Westminster Bank plc, Midland Bank plc ("the Banks") and Resort Hotels plc. ("the Company"). The application was not made in the course of a pending action pursuant to RSC Ord. 24 but in reliance on the jurisdiction of the court recognised by the House of Lords in Norwich Pharmacal Co. v. Commissi...

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