--(1) A person who claims a right to withhold disclosure or inspection of a document or part of a document must-
----(a) make such claim for the document; and
----(b) state the grounds on which such a right is claimed in the list or otherwise in writing to the person wishing to inspect the document.
--(2) A person may, however, apply to the court without notice for an order permitting that person not to disclose the existence of a document on the ground that disclosure of the existence of the document would damage the public interest.
--(3) Unless the court orders otherwise, an order of the court under paragraph (2) is not to be served on any other person nor be open for inspection by any person.
--(4) A person who does not agree with a claim of right to withhold inspection or disclosure of a document may apply to the court for an order that such document be disclosed or made available for inspection.
--(5) On hearing such an application the court must make an order that the document be disclosed unless it is satisfied that there is a right to withhold disclosure.
--(6) If a person-
----(a) claims a right to withhold inspection; or
----(b) applies for an order permitting that person not to disclose the existence of a document or part of a document,
--the court may require the person to produce that document to the court to enable it to decide whether the claim is justified.
--(7) On any hearing under this rule, the court may invite any person to make representations on the question of whether the document ought to be withheld.
--(8) This rule does not affect any rule of law which permits or requires a document to be withheld on the ground that its disclosure or inspection would damage the public interest.
Notes
Back to Part (28. Disclosure and Inspection of Documents)
Previous Rule 28.13 Consequence of failure to disclose documents under an order for disclosure)