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Dahabashill Transfer Services Ltd v Barclays Bank Plc

Judgment Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
JudgeMr Justice Henderson
Judgment Date05 November 2013
Neutral Citation[2013] EWHC 3677 (Ch)
CourtChancery Division
Date05 November 2013
Docket NumberCase No: HC13E04267
Categories

[2013] EWHC 3677 (Ch)

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

Rolls Building

Royal Courts of Justice

Fetter Lane

London EXC4A 1NL

Before:

Mr Justice Henderson

Case No: HC13E04267

Between:
Dahabashill Transfer Services Limited
Claimant/Respondent
and
Barclays Bank PLC
Defendant/Appellant

Mr A Maclean QC and Ms S Love (instructed by Shepherd and Wedderburn LLP) appeared on behalf of the Claimant

Mr M Brealey QC and Ms S Ford (instructed by Simmons and Simmons LLP) appeared on behalf of the Defendant

Mr Justice Henderson
1

I am handing down judgment this morning on two applications for interim injunctions which I heard on 15 and 16 October. The claimants all carry on a money supply business as defined in the Money Laundering Regulations 2007 and until recently have been supplied with corporate banking services by the defendant, Barclays Bank PLC. Earlier this year Barclays gave notice terminating those banking arrangements following an internal review. The claimants allege that the threatened termination constitutes breach of a dominant position by Barclays in the relevant market contrary to Article 102 TFEU and the Chapter 2 prohibition in the Competition Act 1998.

2

For the reasons given in the judgment which I am handing down, I have held that the applications succeed on application of the usual tests for the grant of interim injunctions. So Barclays will be ordered, until trial or further order, to continue to supply the claimants with banking services on the existing basis. I emphasise I have decided no more than that the claimants have a seriously arguable case, and that the balance of convenience favours the grant of interim relief.

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