Transparency vs. Privilege: Balancing competing public interests in respect of witness statements
23 Nov 2016In a judgment delivered on 16 November 2016 in Primeo Fund (in Official Liquidation) v Bank of Bermuda (Cayman) Ltd & Anor., the Court of Appeal of the Cayman Islands (“CICA”) held “not without hesitation” that litigation privilege ceases to have any application to signed witness statements at the time they are exchanged by the parties to litigation in advance of trial.