(Bahamas) A commission investigating the activities of a company, sought disclosure of its bankers records. The committee held that this was not a constitutional issue, and that leave to appeal as of right did not exist, but special leave was possible and appropriate. The Act gave wider powers to order inspection than only for special cause. Such a commission was inquisitorial and rules applicable in adversarial proceedings need not apply.
Judges:
Lord Keith of Kinkel, Lord Jauncey of Tullichettle, Lord Browne-Wilkinson, Lord Nicholls of Birkenhead, Sir John May
Citations:
Gazette 30-May-1996, [1996] UKPC 8, [1996] AC 890
Links:
Statutes:
Bankers Books Evidence Act (Bahamas)
Citing:
Considered – Polock v Garle 1898
Lord Lindley MR said: ‘The Bankers’ Books Evidence Acts were passed for the obvious purpose of getting over a difficulty and hardship as to the production of bankers’ books. If such books contained anything which would be evidence for either of the . .
Considered – Ross v Costigan 1982
(Australia) ‘In determining what is relevant to a Royal Commission inquiry, regard must be had to its investigatory character. Where broad terms of reference are given to it, as in this case, the commission is not determining issues between parties . .
Cited by:
Cited – Mount Murray Country Club Ltd and others v Commission of Inquiry Into Mount Murray and Another (1) PC 7-Jul-2003
(Isle of Man) The company appealed an order requiring disclosure of their tax documents to an enquiry. The enquiry into possible corruption had been ordered by the Tynwald.
Held: The provisions of the Act protecting tax documents from . .
Lists of cited by and citing cases may be incomplete.
Banking, Constitutional, Commonwealth
Updated: 31 May 2022; Ref: scu.159164
