CAYMAN ISLANDS Law and Practice Contributed by: Sam Dawson, Peter Sherwood and Denis Olarou, Carey Olsen
6.7 Consequences of a Respondent’s Non- Compliance A respondent who breaches a freezing injunction is at risk of being found in contempt of court. This can have a variety of consequences that are prejudicial to the respondent, including, in the most serious cases, committal of a natural person to prison.
• timetable for any pleading amendments; • service of witness statements and expert reports; • procedure for listing the trial; • timing of trial bundles and skeleton arguments; and • provisions for any pre-trial review. In most cases of any complexity, there will also be a further procedural hearing called the “pre-trial review”. This is usually set for a date four to eight weeks before the trial itself and is intended to ensure that all prepa- rations for trial are on track. 7.3 Jury Trials in Civil Cases Civil cases are decided by a single judge sitting alone. In theory, a defendant in a civil case may request trial by jury under Section 21 of the Judicature Act (2021 Revision). However, the court will only order such trial where it considers the matter to be one that may be properly tried in that way. That would be an excep- tional case. 7.4 Rules That Govern Admission of Evidence Rules on admissibility of evidence are found in Sec- tions 42–56 of the Evidence Act (2021 Revision) and in Order 38 of the Grand Court Rules. The approach in the Cayman Islands is similar to the approach in Eng- land pre-1999 and the guidance notes in the UK Rules of the Supreme Court 1999 (White Book) are a useful reference point. In general, the approach is inclusive. In particular, hearsay evidence is admissible, subject to appropriate notice being given. However, the nature of the evidence and the circumstances under which it was obtained will be relevant to the weight (if any) that the court attaches to it at trial. 7.5 Expert Testimony Expert testimony may be presented at trial by the parties if the court so directs or all the parties agree. Directions for preparation and exchange of expert reports are usually made as part of directions to trial (whether agreed or made at a directions hearing). Those directions may also set out the questions on which the expert is to report. The parties will usually cross-examine each other’s experts at trial. The court also has the power to appoint its own expert on the application of any party. If appointed, the court expert provides their report to the court and the par-
7. Trials and Hearings 7.1 Trial Proceedings
Trials are adversarial in nature. The role of the judge is to adjudicate on the parties’ competing factual and legal cases, rather than to conduct an inquisitorial procedure on the judge’s own account. This is not to say, however, that the judge is restricted to the role of a passive observer (see 7.7 Level of Intervention by a Judge ). Trials are conducted orally, with each side presenting oral arguments and cross-examining witnesses live in front of the presiding judge. It is usual to have opening and closing oral submissions summarising the case. However, trials are preceded by the submissions of extensive written pleadings, witness statements, and expert reports, upon which subsequent oral arguments and cross-examinations are based. Sometimes, trials might begin with the filing of written opening submis- sions and end with the filing of written closings, but this depends on directions agreed by the parties or ordered by the judge in each case. The exact proce- dure is flexible and will be influenced by the complex- ity and volume of the issues. 7.2 Case Management Hearings Typically, there are at least two procedural hearings in a civil claim of any complexity. Unless the parties agree directions to trial, in every proceeding there will be a directions hearing (usually after close of pleadings) at which the court can con- sider and set down the directions (including as to tim- ing) for the subsequent conduct of proceedings until trial. This may include a variety of matters, such as: • discovery;
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