By Robin Henry, Jean-Martin Louw

Earlier this year, Collyer Bristow reported on a Commercial Court decision in which The ECU Group Plc (“ECU”) was granted pre-action disclosure of various documents relating to suspected “front-running” by HSBC (“the Disclosed Documents”).

In an interesting turn of events, ECU’s use of that material was recently called into question, when it sought the Commercial Court’s permission to allow certain “collateral uses” of the Disclosed Documents.