Confidentiality and the open justice principle in trust and estate proceedings: how the BVI Court balances competing interests

Abstract This article examines how the BVI Court navigates the tension between confidentiality and the open justice principle in trust and estate proceedings. It explores the Court’s pragmatic approach to protecting sensitive information while maintaining transparency, particularly in cases involving private wealth, vulnerable beneficiaries, or cross-border disclosure. Focusing on mechanisms such as confidentiality clubs, anonymised judgments, redactions, private hearings, and disclosure safeguards under the CPR, the article analyses recent BVI authority alongside comparative common law jurisprudence to illustrate how competing interests are balanced in practice.