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Judgment

In the Matter of an Application for Leave to Seek Judicial Review - Reasons for Decision

G 0030/2019 · 2019-05-29

Originating Process Classification; Confidentiality Orders; Open Justice Principle; Application for leave to seek judicial review; application filed for protective purposes; interim confidentiality order; settlement of underlying dispute and withdrawal of leave application prior to judicial consideration; application for direction that leave application should not be placed on Register of Writs; whether application for leave to seek judicial review qualifies as "originating process"; character and function of judicial review leave filter; application for order permanently sealing file; confidential information; parameters of open justice principle; whether open justice principle engaged; Grand Court Rules Order 53 r.3, Order 63 r.3(4), 7-8 and Order 5 r.1

Full metadata
Cause Number G 0030/2019
Court CIGC (Civ)
Judge Kawaley J
Parties In the Matter of an Application for Leave to Seek Judicial Review - Reasons for Decision
Judgment Date 2019-05-29
Subject Originating Process Classification; Confidentiality Orders; Open Justice Principle; Application for leave to seek judicial review; application filed for protective purposes; interim confidentiality order; settlement of underlying dispute and withdrawal of leave application prior to judicial consideration; application for direction that leave application should not be placed on Register of Writs; whether application for leave to seek judicial review qualifies as "originating process"; character and function of judicial review leave filter; application for order permanently sealing file; confidential information; parameters of open justice principle; whether open justice principle engaged; Grand Court Rules Order 53 r.3, Order 63 r.3(4), 7-8 and Order 5 r.1
Filename (current) 19-05-29_application_for_leave_to_seek_judicial_review.pdf
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In the Grand Court of the Cayman Islands — Civil Division
Cause No. G 0030/2019
In the Matter of an Application for Leave to Seek Judicial Review - Reasons for Decision
Before
Kawaley J
Judgment delivered 2019-05-29

IN THE GRAND COURT OF THE C
REASONS FOR DECISION Intro
accordingly directed that the application under G
Cayman Islands Court of Appeal in
Legal findings: applications for leave to seek

First and foremost, Order

In my judgment for “
whether by specifying different or additional grounds or
constitute “originating process”
The legal character of applications for leave to
whom relief is sought to be represented
which should be open to public inspection pursuant
interests of open justice with counterv
principle was clearly engaged and the central
information received in confidence, [and]
with the default position once the documents (

This is a constitutional principle which

While the broad principle and its
“126. The principle of

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