§ 22 — Permitted disclosures of adjudication communication

22. Despite section 21(1), a person may disclose an adjudication communication to a third party to the adjudication —(a)

if the disclosure is made with the consent of —(i)

all the parties to the adjudication; and

(ii)

for an adjudication communication that is made by a person other than a party to the adjudication, the maker of the adjudication communication;

(b)

if the content of the adjudication communication is information that has already been made available to the public at the time of its disclosure, other than information that is only in the public domain due to an unlawful disclosure;

(c)

if the disclosure is made for research, evaluation or educational purposes without revealing, or being likely to reveal, whether directly or indirectly, the identity of the maker of the adjudication communication or any person to whom the adjudication communication relates;

(d)

if the disclosure is made for the purpose of seeking legal advice;

(e)

if the disclosure is required by an order of court, or required or authorised by or under any written law;

(f)

if the disclosure is in compliance with a request or requirement imposed by a public authority and is necessary to enable the public authority to perform its duties or discharge its functions;

(g)

if the disclosure is made to assist a law enforcement agency in the investigation of any offence under any written law;

(h)

if the adjudication communication relates to the commission of any offence under any written law or was made in furtherance of any illegal purpose;

(i)

to the extent that the disclosure is necessary for the purposes of, or in connection with, the adjudication, the enforcement of any determination of an adjudicator mentioned in section 14 or 25(4), or any proceeding before a court or an arbitral tribunal or any other dispute resolution proceeding;

(j)

for the purpose of establishing or disputing an allegation or a complaint of professional misconduct against an adjudicator or any other person who participated in the adjudication in a professional capacity; or

(k)

for the purpose of discovery or other similar procedures in any court proceedings or arbitral proceedings (as the case may be) which have been instituted for the production of documents, where the person who is a party to those proceedings is required to produce documents in the person’s possession or control.