A lengthy legal battle between a businessman and the Bank of Bermuda is expected to conclude this week.

Chief Justice Richard Ground QC will make a ruling on whether Dilton Robinson should accept an out-of-court settlement to end a dispute with the financial institution.

Mr. Robinson and the bank have been embroiled in court proceedings since 1998 when Mr. Robinson sued the bank for breach of trust and confidentiality.

Yesterday in Supreme Court, the Bank of Bermuda brought a civil case in which it is applying to have its out-of-court agreement enforced.

Mr. Robinson and his wife Sharon however are refusing to sign the Deed of Settlement and Release, as they do not agree to some of the terms.

The dispute started with a $1.7 million loan Mr. Robinson took with the Bank of Bermuda in June 1992 to consolidate his debts.

He claimed the bank pressurised him and his wife into the loan while knowingly having information that he would be in default.

Mr. Robinson's lawyers say e-mail correspondence between loan officer John Fargey and then Senior Vice President, Henry Smith, showed they were aware his name was linked to a criminal investigation. However, they still proceeded with the loan.

The bank then disclosed financial information to the Police and on request, to Mr. Robinson's boss David Gutteridge.

In July 1992 he was fired as assistant manager of mortgages at L.P. Gutteridge Mortgage and Finance. He subsequently defaulted on the loan and lost his home in Town Hill Road, Flatts, as security.

Mr. Robinson was never interviewed by Police. His lawyers say the bank breached both confidentiality disclosing personal financial information, and its fiduciary duty not telling him about the Police investigation, to his detriment.

In 2007 Court of Appeal judge Charles Etta-Simmons however, dismissed the 1998 lawsuit, saying the statute of limitations had expired. But she said another lawsuit by Mr. Robinson, 'no. 241 Action' in 2002, which added claims of fraud, misrepresentation and sales at undervalue, could continue.

While awaiting a further hearing, in August 2008 Mr. Robinson's lawyers and the bank's legal team began negotiating an agreement for "complete settlement of all claims".

The bank claim an agreement was reached with Mr. Robinson's then lawyers, on November 14, 2008, but nothing was signed by March 5, 2009, forcing the institution to issue a Summons to enforce the terms.

Mr. Robinson however, argues he did not give authority to his lawyers to accept the offer. He also says his wife did not receive her own "individually independent legal advice" a clause of the alleged agreement.

Yesterday Tim Marshall, lawyer for HSBC Bank of Bermuda, requested a reporting restriction by the court on the details of the settlement negotiations and the "specifics" of its terms.

"It's in the interests of justice to preserve the confidential nature of settlement discussions," he said.

But Rick Woolridge Jr., Mr. Robinson's lawyer, argued publication of the details was in the public interest.

"My learned friend seeks to hide the terms of the agreement from the general public for one purpose, and one purpose only. This client knows what they took from Mr. Robinson and what funds you received from those assets," he said.

"This client knows a purported agreement is manifestly unfair and now he asks this court's agreement to be complicit in maintaining the unfair behaviour.

"In dealing with an institution such as a bank, that the general public and Mr. Robinson in particular want to have confidence in, it is implied they will want to know about the behaviour and what is going on.

"Mr. Robinson wasn't an obscure figure. He was a well-known and well-established businessman. He was reduced to a mere pauper.

"My learned friend asks to gag the public and the press, to hide from the public something which should be in the public domain."

Mr. Woolridge added: "If the defendant (Bank of Bermuda) thought the argument was fair, that it was just, it would shout it from the mountain tops.

"They know that during the course of the same negotiations, two things happened. Counsel instructed by legal aid by Mr. Robinson lost his work permit so couldn't give instructions (Tony Bueno QC, from England).

"Secondly, the defence knew or would have known that leading counsel was without instructions."

He said: "We are asking the court not to impose a gag order so this matter can proceed with truth and justice."

Chief Justice Richard Ground QC restricted the Press from reporting the terms of the negotiations and settlement until "the end of the trial of this matter".

"This order will enable this litigation to be conducted in an open and frank manner," he said.

The hearing is expected to conclude on Friday, when Mr. Justice Ground will make a ruling.