(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) A person who applies under paragraph (2) must —
(a) identify the document, documents or parts thereof for which a right to withhold disclosure is claimed; and
(b) give evidence on affidavit showing —
(i) that the applicant has a right or duty to withhold disclosure, and
(ii) the grounds on which the right or duty is claimed.
(4) Unless the court orders otherwise, an order of the court under paragraph (2) is not to be —
(a) open for inspection by; or
(b) served on any person.
(5) 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 the document be disclosed or made available for inspection.
(6) 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.
(7) If a person —
(a) applies for an order permitting that person not to disclose the existence of a document or part of a document; or
(b) claims a right to withhold inspection,
the court may require the person to produce that document to the court to enable it to decide whether the claim is justified.
(8) On considering any application under this rule, the court may invite any person to make representations on the question of whether the document ought to be withheld.