25. Protected information and documents
Past version: effective from 21/10/2015 - 20/10/2015
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(1) In this Section, "Protected Items" means —
(a) communications between a professional legal adviser and his client or any person representing his client which fall within subsection (2),
(b) communications between a professional legal adviser, his client or any person representing his client and any other person which fall within subsection (2) (as a result of paragraph (b) of that subsection),
(c) items which —
(i) are enclosed with, or referred to in, such communications,
(ii) fall within subsection (2), and
(iii) are in the possession of a person entitled to possession of them,
(d) in the case of any information held by the Panel, information which —
(i) is supplied by or relating to bodies dealing with security matters,
(ii) is held by public authorities in the exercise of their functions,
(iii) relates to national security or international relations,
(iv) relates to the economic and financial interests of the Abu Dhabi Global Market or to its financial stability, and
(v) constitutes trade secrets.
(2) A communication or item falls within this subsection if it is made —
(a) in connection with the giving of legal advice to the client, or
(b) in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings.
A communication or item is not a Protected Item if it is held with the intention of furthering a criminal purpose.
(3) A person may not be required by or under these Regulations to produce, disclose or permit the inspection of Protected Items.
(4) Where there are any grounds for withholding any Protected Items, such grounds shall apply only to the relevant parts of the document which are affected by such grounds and not to any other part of the document.
(5) A lawyer may be required under this Chapter to furnish the name and address of his client.
(6) Where the Panel requires a lawyer to give information or to produce a Document or to answer a question, and the giving of the information or the production of the Document or the answer to the question would involve disclosing a legally privileged communication made by, on behalf of, or to, the lawyer in his capacity as a lawyer, the lawyer is entitled to refuse to comply with the requirement unless —
(a) where the person to whom, or by, or on behalf of whom, the communication was made is a body corporate that is subject to winding up proceedings, the liquidator of the body consents to the lawyer complying with the requirement, or
(b) otherwise, the person to whom, or by, or on behalf of whom, the communication was made consents to the lawyer complying with the requirement.
(7) Where a lawyer so refuses to comply with a requirement, he shall, as soon as practicable, give to the Panel a written notice setting out —
(a) where the lawyer knows the name and address of the person to whom, or by whom, or on behalf of whom, the communication was made, then that name and address, and
(b) where the requirement to give information or produce a document relates to a communication which was made in writing, then sufficient particulars to identify the document containing the communication.