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The International Banking Corp BSC (IA) v Ahmad Hamad Algosaibi and Brothers (AHAB) Company - Judgment

Civ App 0028/2017 · 2018-07-30

Open justice principle; third-party access to trial documents; disclosure of transcripts and witness statements; balancing private interest and public transparency

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In the Court of Appeal of the Cayman Islands — Civil Division
Cause No. Civ App 0028/2017
Between
The International Banking Corp BSC (IA)
- v -
Ahmad Hamad Algosaibi and Brothers (AHAB) Company - Judgment
Before
Field JA, Martin JA, Newman JA
Judgment delivered 2018-07-30

CAYMAN ISLANDS COURT OF
course of the trial. The application was
potentially legitimate interest the Administrator might have
camera and documents referred to in the transcripts
It is against this background that the purpose
sufficient basis existed in the Cayman
parties seeking discovery in an action and
"ishing expedition". It is clearly inconsistent
• assistance for disclosure emanating from this
This case illustrates some of the difficulties which
clear need to assist the press in the
case is not forthcoming) in order to
"The purpose is not simply to deter im
observed since Guardian News in NAB
likely that under the current law, which
discovery, property or privilege, if
proceedings in circumstances where there was
due observance of the open justice principle

For the reasons given above

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