Cayman Islands: Volume Of Open Justice Turned Down: Confidentiality Orders In Trust Administration
- to seal court documents in the proceedings on the public file, save for the Confidentiality Summons, an anonymized version of the substantive Originating Summons and the order of the Court; and
- for all hearings in the proceedings and the trial of the Originating Summons to be heard in private.
Background
- so as to protect actual and contingent beneficiaries from the personal safety risks of being publicly linked to substantial wealth; and
- because the beneficiaries did not wish these children to become aware of their family's link to substantial wealth for fear that it would adversely affect their personal development.
Legal Principles
- where publicity prejudices the public interest;
- in interlocutory proceedings;
- on grounds of public morality;
- the welfare of minors;
- the protection of commercial confidence; or
- the protection of the private lives of persons concerned in the proceedings.
Procedure
- the trustees, beneficiaries or any other persons linked with the trust are or become subject to foreign criminal, tax or other public investigative proceedings; or
- information about the trust or the beneficiaries' wealth is in or enters the public domain.
Comment
Published August 12, 2018
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