CAYMAN ISLANDS Law and Practice Contributed by: Sam Dawson, Peter Sherwood and Denis Olarou, Carey Olsen
Although most judgments that are enforced are mon- ey judgments, certain non-money judgments may also be enforced in appropriate circumstances. The foreign judgment is enforced by issuing a writ suing on the judgment debt. The court will not typical- ly re-hear the substantive dispute behind the foreign judgment and, accordingly, the enforcement claim is usually suitable for expedited determination by sum- mary judgment. Once a Cayman Islands judgment is entered on the enforcement claim, it is enforceable by the same means as any other domestic judgment. Appeals from the Grand Court lie to the Cayman Islands Court of Appeal. Further appeals lie to the Judicial Committee of the Privy Council in the UK. 10.2 Rules Concerning Appeals of Judgments Appeals from final judgments of the Grand Court gen- erally lie as of right. Appeals from most interlocutory decisions require permission, which may be obtained from the Grand Court or, if refused, from the Court of Appeal. To obtain permission, the would-be appellant must show that the appeal has a realistic (as opposed to fanciful) chance of success. 10.3 Procedure for Taking an Appeal If leave to appeal is not required, a notice of appeal must be filed and served within 14 days of the date on which the judgment or order being appealed from was filed. In cases where leave to appeal is required, leave should be sought orally at the handing down of the judgment in the Grand Court. Failing that, leave can be sought from the Grand Court in writing within 14 days of the decision. If leave is then granted by the Grand Court, a notice of appeal must be filed within 14 days of the date on which the judgment or order being appealed from was filed. If the Grand Court refuses leave, it can be sought from the Court of Appeal ex parte within seven days from the date of the Grand 10. Appeal 10.1 Levels of Appeal or Review to a Litigation
Court’s refusal and the application is usually decided by a single judge of appeal. Appeals from the Court of Appeal to the Judicial Com- mittee of the Privy Council may be brought: (i) as of right; (ii) with leave of the Court of Appeal; or (iii) with special leave from the Judicial Committee of the Privy Council itself. Where leave is sought from the Court of Appeal, it should be sought, on notice to the other parties, within 21 days of the date on which the Court of Appeal’s decision was filed. 10.4 Issues Considered by the Appeal Court at an Appeal The appeal court has jurisdiction to consider appeals on matters of law, fact, and the exercise of discre- tion by the first instance judge. However, the appeal court will be slow to overturn a judge’s findings of fact (especially if they were made following a trial where witnesses were cross-examined). The appeal court is also reluctant to interfere with the judge’s exercise of discretion, unless it: • is so unreasonable as to fall outside the generous ambit of discretion allowed to a judge; • resulted from the judge misdirecting themselves as to the applicable principles; or • took into account irrelevant factors and failed to take into account relevant factors. 10.5 Court-Imposed Conditions on Granting an Appeal The court may impose conditions such as the pay- ment of security. 10.6 Powers of the Appellate Court After an Appeal Hearing The appeal court may affirm, set aside, or vary any order of the lower court. It may also order a new trial. The appeal court may make orders as to costs and interest. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation See 4.6 Costs of Interim Applications/Motions .
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