Gippetti v Cayman National Bank
| Jurisdiction | Cayman Islands |
| Judge | (Levers, J.) |
| Judgment Date | 06 December 2006 |
| Court | Grand Court (Cayman Islands) |
| Date | 06 December 2006 |
(Levers, J.)
Attorneys: Ogier & Boxalls for the plaintiff; Truman Bodden & Co. for the defendant.
Confidential Relationships-consent of principal-consent given freely
The Confidential Relationships (Preservation) Law (1995 Revision), s.2 defines the information protected under it as ‘information concerning any property which the recipient thereof is not, otherwise than in the normal course of business, authorised by the principal to divulge.’ If, therefore, the principal requests the holder to disclose the information to himself (e.g. old records no longer in the possession of the principal), the holder can not be in breach of the Law. That is so, notwithstanding that the principal may have been asked to obtain the information in order to pass it on voluntarily to a foreign revenue agency investigating his affairs, provided that he has not been compelled to request the disclosure of the...
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Confidential Relationships (Preservation) Law (2009 Revision)
...the implied or express consent of the principal is not "confidential" and is therefore permissible. In Gippetti v Cayman National Bank 2006 (CILR Note 32) the Grand Court ruled that in circumstances where the principal requests the holder of the information to disclose the information to hi......