Dispute resolution—Cayman Islands—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Dispute resolution—Cayman Islands—Q&A guide
  • 1. What is the structure of the civil court system?
  • 2. What is the role of the judge and the jury in civil proceedings?
  • 3. What are the time limits for bringing civil claims?
  • 4. Are there any pre-action considerations the parties should take into account?
  • 5. How are civil proceedings commenced? How and when are the parties to the proceedings notified of their commencement? Do the courts have the capacity to handle their caseload?
  • 6. What is the typical procedure and timetable for a civil claim?
  • 7. Can the parties control the procedure and the timetable?
  • 8. Is there a duty to preserve documents and other evidence pending trial? Must parties share relevant documents (including those unhelpful to their case)?
  • 9. Are any documents privileged? Would advice from an in-house lawyer (whether local or foreign) also be privileged?
  • More...

Dispute resolution—Cayman Islands—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to dispute resolution in Cayman Islands published as part of the Lexology Getting the Deal Through series by Law Business Research (published: June 2021).

Authors: Campbells—Guy Manning; Paul Kennedy

1. What is the structure of the civil court system?

The main civil court of first instance is the Grand Court of the Cayman Islands (the Grand Court), which sits full-time with between six and eight judges, recruited from the Cayman Islands and other Commonwealth jurisdictions. The Grand Court has a specialist Financial Services Division, which deals with cases concerning mutual funds, exempt insurance companies, financial services regulatory matters, applications relating to trusts, corporate and personal insolvency, enforcement of foreign judgments and arbitral awards and applications for evidence pursuant to letters of request from other jurisdictions. Grand Court cases are almost always dealt with by a judge sitting alone. Certain small civil claims worth less than CI$20,000 can be dealt with by a magistrate in the Summary Court.

Appeals from the Grand Court are heard in the Cayman Islands Court of Appeal (the Court of Appeal), which generally sits three or four times a year (and can, on payment of enhanced fees, be convened more often to deal with urgent matters). The Court of Appeal has a bench of approximately six justices of appeal, all of whom are

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