Where justice requires confidentiality

The principle of open justice requires that justice must literally be seen to be done. But there are occasions when openness of court proceedings will be at odds with the requirements of justice. The Cayman Islands courts have often been required to find the right balance, particularly in proceedings relating to the administration of private trusts, where confidentiality of the proceedings may be a necessity for the protection of the interests of beneficiaries, the dispensation of which may well defeat the very interests of justice.

In a recent decision Justice Kawaley, of the Cayman Islands Grand Court, illustrated the balancing act the court must perform between private needs and public requirements.