CAYMAN ISLANDS Law and Practice Contributed by: Sam Dawson, Peter Sherwood and Denis Olarou, Carey Olsen
ety of interim applications. These include but are not restricted to case management issues. Examples of interim applications and orders that might be made include: • requests and orders for further and better particu- lars; • specific discovery applications; • interim injunctions; • freezing orders; • anti-suit injunctions; • summary judgments; • disposals of the case on a point of law; • striking out of pleadings; and • judgments in default of acknowledgement of ser- vice or defence. 4.2 Early Judgment Applications Summary Judgment Both the plaintiff and the defendant can apply for summary judgment on the other party’s case under the provisions of Order 14 of the Grand Court Rules. For the plaintiff, this can be a way of securing early final judgment on the merits. For the defendant, this can be a means of disposing quickly of a weak claim. The court must be satisfied that the claim or the defence has no real prospect of success and there is no other reason why the case should go to trial. The application may relate to the whole or only a particular part of the claim or defence, and in the latter case, if successful, that part will be struck out. In the case of an application by the claimant, it is pos- sible to secure summary judgment on liability, with the claim for damages proceeding to trial. In the case of an application by the defendant, summary judg- ment may also be obtained if the court is satisfied that the plaintiff has no prospect of recovering more than nominal damages. Application for summary judgment is made by sum- mons and supported by an affidavit verifying the facts on which the claim (or the defence) is based. The affidavit must state the affiant’s belief that there is no defence to the claim or, as the case may be, no defence except as to the amount of damages.
The respondent to the application must show cause against it by affidavit or otherwise to the satisfaction of the court. Summary judgment procedure is not normally appro- priate for instances where there is a substantial factual dispute between the parties. The court will not con- duct a mini-trial. Upon hearing the application, the court may strike out the claim or the defence, in full or in part, and enter judgment for plaintiff or defendant accordingly. Where the court dismisses the summary judgment applica- tion, it may allow the action to proceed either uncon- ditionally or on such terms as it sees fit. Striking Out a Pleading A related but distinct jurisdiction exists under Order 18, Rule 19 of the Grand Court Rules for the court to strike out or amend the whole or part of any pleading in a case. Such strike out is possible if the court is satisfied that the pleading: • discloses no reasonable cause of action or defence; • is scandalous, frivolous or vexatious; • may prejudice, embarrass or delay the fair trial of the action; or • is otherwise an abuse of process of the court. Such strike out may have the consequence of the action being stayed, dismissed, or judgment being entered accordingly. Disposal of a Case on a Point of Law Finally, under Order 14A of the Grand Court Rules, the court has the power to dispose of the case on a point of law or construction of a document. The court may do so where the question is suitable for determi- nation without a full trial and such determination will fully determine (subject only to any possible appeal) the entire claim or any issue within it. 4.3 Dispositive Motions There is a variety of dispositive motions that can be made before trial. They include applications for:
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