s.4Evidence of confidential information directions
4
Section 4Part 0 —

Evidence of confidential information directions

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In this section —
means make a statement, produce a document by way of discovery, answer an interrogatory or testify during or for the purposes of any proceeding; and
means any court proceeding, civil or criminal, and includes a preliminary or interlocutory matter leading to or arising out of a proceeding.
If a person intends to or is required to give evidence in or in connection with any proceeding being tried, inquired into or determined by any court, tribunal or other authority, whether within or without the Islands and the evidence consists of or contains any confidential information within the meaning of this Law, the person shall apply for directions in accordance with this section before giving that evidence, unless the person has been provided with the express consent of the principal.
An application for directions under subsection (2) shall be made to and be heard and determined by, a Judge of the Grand Court.
Notice of an application under subsection (3) shall be served on the Attorney-General and if the Judge so orders, to any person who is a party to the proceedings relating to the application being made.
The Attorney-General may appear as amicus curiae at the hearing of an application under this section and any party on whom notice has been served under subsection (4) is entitled to be heard with respect to the application, either in person or by an attorney-at-law representing the person.
Upon hearing an application under subsection (3), a Judge shall direct —
that the evidence be given;
that some or all of the evidence shall not be given; or
that the evidence be given subject to conditions which the Judge may specify whereby the confidentiality of the information is safeguarded.
In order to safeguard the confidentiality of a document, statement, answer or testimony ordered to be given under subsection (6)(c), a Judge may order —
that the divulgence of the document, statement, answer or testimony be restricted to certain persons named by the Judge in the order;
that evidence be taken in private in a manner specified by the Judge to ensure privacy; and
that the reference to the name, address and description of any person be made by the assignment of alphabetical letters, numbers or symbols representing the name, address and description of the person, the key to which reference shall be provided to restricted persons named by the Judge.
A person receiving confidential information by operation of subsection (3) is as fully bound by the duty of confidence, as if the information had been disclosed to the person in confidence by the principal.
In considering what order to make under this section, a Judge shall have regard to —
whether the order would operate as a denial of the rights of any person in the enforcement of a claim;
any offer of compensation or indemnity made to any person desiring to enforce a claim by any person having an interest in the preservation of confidentiality;
in any criminal case, the requirements of the interests of justice.

Defined Terms

give in evidenceproceeding

Cross References

Referenced By