On The Record - Third Party Access To Cayman Islands Court Transcripts And Evidence

The recent decision of the Cayman Islands Court of Appeal in The International Banking Corporation BSC (In Administration) v Ahmad Hamad Algosaibi & Brothers Company has clarified the proper approach to requests by third parties for access to documents deployed in the course of a trial and transcripts of proceedings. It is now clear that, in many cases, such material can be regarded as fair game for third parties who can demonstrate a genuine interest in a case.

The International Banking Corporation ("TIBC") was a failed Bahraini bank closely involved with the events which formed the subject matter of the fraud litigation in Ahmad Hamad Algosaibi & Brothers Company v SAAD Investments Company, the largest case ever heard in the Cayman Islands in which the trial alone lasted more than a year and the judgment ran to over 1300 pages. TIBC was not itself party to that claim but, involved in overseas satellite litigation, its Administrators applied to the Grand Court for