Bahamas
Answer ... In litigation proceedings, parties who are named in the proceedings have a duty to disclose all documents in their position, custody and control which relate to the matters in question. These parties must provide or make available for inspection all such documents unless such documents are subject to some form of privilege.
The standard position is that all parties must conduct a reasonable search for documents on which they rely, documents that harm their own case and documents that assist the other party’s case. However, if agreed between the parties, they can also dispense with disclosure.
Bahamas
Answer ... Generally, there is no duty of disclosure on third parties to proceedings.
In order for a third party to have any obligation to disclose, there must be some order of the Supreme Court compelling such disclosure. This is usually accomplished by virtue of:
- a Norwich Pharmacal order; or
- a subpoena.
A Norwich Pharmacal order arises by virtue of a separate action brought by a party for the purpose of compelling a third party to disclose. In a Norwich Pharmacal action, the party seeking disclosure will need to establish the following:
- There is credible claim of wrongdoing committed by an accused person;
- The third party was somehow involved in the wrongdoing;
- The third party facilitated the wrongdoing;
- The party seeking the order has an interest in the case;
- The information sought from the third party is necessary to obtain; and
- The information is not otherwise protected by law.
More commonly, a subpoena is utilised for third-party disclosure and may be obtainable, generally, on the basis that a third party is in possession of information or documents which are germane to the action.
Bahamas
Answer ... Generally, documents may not be disclosed if they are subject to legal advice privilege or litigation privilege.
Bahamas
Answer ... There are no specific implications of the rules on disclosure and privilege in representative actions which are distinct from actions in general.