As noted in our recent article
'Private Lives and Public Interest', the Grand Court of
the Cayman Islands (the "Grand Court")
is often asked to give directions as to the protection of
confidential information in the context of ongoing litigation. Most
frequently, these requests are made in reliance on section 4 of the
Confidential Information Disclosure Law 2016
("CIDL"), a unique statute which is
prescriptive as to the protection and disclosure of information
arising or brought into the Cayman Islands and subject to a duty of
confidence.
The regime established by CIDL has recently been engaged in a
number of cases by parties who have found themselves the subject of
a Norwich Pharmacal Order (an "NP
Order"), a form of pre-action disclosure order
designed to compel disclosure from third parties who have
(typically innocently), become mixed up in the underlying
wrongdoing which is being alleged in the pending proceedings. NP
Orders are designed to assist a plaintiff
