Cayman partner Bernadette Carey and associate Ardil Salem look
at the implications of the recent In re XYZ Limited and Genesis
Trust & Corporate Services Limited judgment of the Grand Court,
which provides helpful guidance to parties to litigation who are
served with orders requiring them to produce confidential documents
(and the practitioners who advise them). It clarifies the scope of
the statutory defenses that exist under the Confidential
Information Disclosure Law 2016 ("CIDL").
Open Secrets
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
