Smellie CJ
IN THE GRAND COURT OF THE CAYMAN ISLANDS D 7 OF 2013 ASCJ PRER OF CONFIDENTIAL RELATIONSHIPS (PRE) (2009) REVISION OF A NORWICH PHARMACAL APPLICATION SERVATIONS) OR IN CHAMBER, THE 7TH JUNE BEFORE THE Appearances:
This is No the 15th
in its oris 2013, 8TH JULY 2013 AND 7th FEBRUARY 2017 HON. CHIEF JUSTICE Mr. Jeremy Walton of Appleby for the Applicant Ms. Anna Gilbert of Appleby) Mr. Lawrence Cohen QC appearing on instruction further arguments on 7th June 2013. JUDGMENT Mr. application that the judgment delivered ex parte March 2013 be sealed permanently. original application of 6th March 2013, NML sought NML (with him as of Appleby for in the matter on an order that the publication order was 2013, be anonymi that NM made that publication of the judgment, which follow- embarged for six months and that certain redac- te the judgment to protect the confidentiality of the p- wished to adduce in evidence in subsequent civil p- be restricted. An ed on 15th March ions be made to private information proceedings before
this Court. That information relates to the identity of the owner a bank carrying on business in the Cayman Islands. tions for that earlier order of embargo and redaction were o protect the confidentiality of the account holders' for about their bank account was the subject of on about the outcome of which as explained in the judg- nality of the information should be protected. ers of an account at two-fold. whose confidential matter of NML's needs was that the
Secondly, subsequent judgment against thwarted felt suffi- judgment interest in
Now, further submissions so as not to unduly or unnecessarily impair NML proceedings. These would be aimed at enforcing of this jurisdiction, to the extent there might be assu- which the judgment could be enforced and which mment to allow for such efforts. Otherwise, I was should be published as judgments usually are, to at the administration of justice through the Courts. other information has been brought to my attention of Mr. Cohen QC and I have been asked to L's efforts in its g NML's foreign as available here efforts might be onth embargo was satisfied that the inform the public n by way of the reflect upon the expression of NML's embargo believes of the or findings n of certain findings made in the embargoed judgment, while NML has had no opportunity to respond to this and judgment having been given upon an ex parte appli- it is more appropriate to return to the Court for elucid- cation restricting its publication, than to seek to appeal in the judgment. which are critical e criticisms. The cation, Mr. Cohen tion or expansion against the critical Page 2 of 4
7. He exp fuller an practice as to say with imp
But the it was al- t lysis of the facts and the law afforded by inter parties s that such judgments are not published. He did not that ex parte judgments will never be published ev- portant points of principle. entures of Mr. Cohen's argument was less about the criti- out the inefficiency of the limited embargo on publica- t benefit from the t hearing, the usual however, go so far n when they deal is that NML than sion as a means of protecting information bank ac- be protected.
The fur- specifica- Gilbert, judgment of Argen- identity g the confidential information in question. He submit- ted once the judgment is published. her information given by Mr. Cohen in his sub- nly expanded upon at my direction in an affidavit la- ts to the effect that as the principal account holder, is a member of a very limited class of persons within tina, publication of the judgment could lead to the of the account holder and so to the disclosure of thed that the further mation about the holders, could not issions and more ter filed by Anna mentioned in the the public service disclosure of the very confidential informa-
Having ap- appears Cohen s- climate while all on that the judgment is meant to protect. considered the further information provided by Ms. Co- that the class of persons, although limited, is not a suggested. I am satisfied that the judgment can be fur- any real risk of disclosure of the identity of the ac- lowing for its eventual publication in the public interest. beri's affidavit, it confined as Mr. her anonymized to ount holders even Page 3 of 4
11. As to the because its proc- way of possessi-
NML dis- simply n-
For these further publication months justifica- notwiths- there is a
This rul- 12 month reasons the embargoed judgment will be redacted of redacted to vouch-safe the confidentiality of the will be further embargoed for six more months for commencing the date of this ruling. Beyond the on for prohibiting the publication of the judg- nding its ex parte nature, with important points of distinct public interest. not itself be embargoed from publication for a con- s. the criticisms, and information. Its total period of 12 t time, I see no ent which deals, principle in which emanates period of Hon. Anthony S Chief Justice July 8 2013 Released on 7th mellie February 2017 after further extensions of the embargo n publication. Page 4 of 4