s.9Disclosure proceedings: "Norwich Pharmacal" and similar jurisdictions
9
Section 9Part 0 —

Disclosure proceedings: "Norwich Pharmacal" and similar jurisdictions

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This section applies where, by way of civil proceedings, a person ("A") seeks the disclosure of information by another person ("B") on the grounds that —
wrongdoing by another person ("C") has, or may have, occurred;
B was involved with the carrying out of the wrongdoing (whether innocently or not); and
the disclosure is reasonably necessary to enable redress to be obtained or a defence to be relied on in connection with the wrongdoing.
A court may not, in exercise of its residual disclosure jurisdiction, order the disclosure of information sought (whether that disclosure would be to A or to another person) if the information is sensitive information.
For the purposes of this section, "sensitive information" means information —
held by an intelligence service;
obtained from, or held on behalf of, an intelligence service;
derived in whole or part from information obtained from, or held on behalf of, an intelligence service;
relating to an intelligence service; or
specified or described in a certificate issued by the Governor, in relation to the proceedings, as information which B should not be ordered to disclose.
The Governor may issue a certificate under subsection (3)(e) only if the Governor considers that it would be contrary to the public interest for B to disclose —
the information;
whether the information exists; or
whether B has the information.
For the purposes of subsection (4), a disclosure is contrary to the public interest if it would cause damage to the interests of national security, international relations or other public interests.
In this section —
"information" includes —
information contained in any form of document or stored in any other way; and
alleged information;
"intelligence service" means —
the National Security Council;
the Financial Reporting Authority;
the Royal Cayman Islands Police Service;
the Coast Guard; or
the Customs and Border Control Service;
"obtained" means obtained directly or indirectly; and
"residual disclosure jurisdiction" means any jurisdiction to order the disclosure of information which is not specifically conferred as such a jurisdiction by or under an enactment.
This section —
enables the Governor to issue a certificate under subsection (3)(e) where the Governor is B as it enables the Governor to issue such a certificate where another person is B; and
does not restrict any other right or privilege that the Governor can claim in order to resist or challenge an application for the disclosure of information.
The Cabinet may, by order, amend the definition of "intelligence service".

Defined Terms

sensitive informationinformationintelligence serviceobtainedresidual disclosure jurisdiction

Referenced By