Re BCD Trust (Confidentiality Orders)
| Jurisdiction | Bermuda |
| Judgment Date | 30 November 2015 |
| Neutral Citation | [2015] SC Bda 83 Civ |
| Date | 30 November 2015 |
| Docket Number | Civil Jurisdiction 2015 No 473 |
| Court | Supreme Court (Bermuda) |
[2015] Bda LR 108
In The Supreme Court of Bermuda
Civil Jurisdiction 2015 No 473
Mr B Adamson for the Plaintiff
Ms L Charleson for the 1st and 4th Defendants
Mr S Riihiluoma for the Minor Beneficiaries
Trust administration cases — Anonymisation — Confidentiality — Private applications
EX TEMPORE RULING of Kawaley CJ
1. I should just say briefly that the application [for a confidentiality order sealing the file and anonymising the proceedings] seems to me to be well-grounded.
2. I bear in mind that the history of what is essentially Chambers hearings is that they were traditionally private hearings. The notion of a more open approach to Chambers hearings has developed in the public interest within a constitutional framework which specifically blesses the idea of the Court departing from the public hearing principle in the interests of privacy and other countervailing public interests1.
3. It seems to me that in this type of case it is inherently consistent with the public interest and the administration of justice generally that applications such as these should be anonymised and dealt with as private applications, where there is no obvious public interest in knowing about an internal trust administration matter.
1 Section 6 of the Bermuda Constitution provides, so far as is material, as follows:
‘(9) All proceedings instituted in any court for the determination of the existence or extent of any civil right or obligation, including the announcement of the decision of the court, shall be held in public.
(10) Nothing in subsection (9) of this section shall prevent the court from excluding...
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