CAYMAN ISLANDS Law and Practice Contributed by: Guy Manning, Harry Shaw and Shaun Tracey, Campbells
3.2 Variations in Approach to Enforcement of Foreign Judgments As noted in 3.1 Legal Issues Concerning Enforce- ment of Foreign Judgments , Australian money judg - ments are enforceable in the Cayman Islands under the Foreign Judgments Reciprocal Enforcement Act, whereas all other judgments are subject to common law enforcement. The Cayman Islands courts routinely enforce foreign money judgments made in personam. Historically, enforcement was not available in respect of non-mon - etary foreign judgments; however, the courts will now enforce such judgments in certain circumstances, such as where the principles of comity require it. For instance, in Bandone v Sol Properties Inc [2008 CILR 301] (“ Bandone ”), the court ordered rectification of a share register in favour of the plaintiff as a means of enforcing Brunei orders for specific performance against one of the defendants, Prince Jefri Bolkiah of Brunei. According to the judgment, judicial discre - tion is required to maintain the integrity of the Cay - man Islands judicial system. The court should have regard to comity, fairness and mutuality, and ensure that domestic law is not extended to suit foreign litiga - tion. On the facts, Prince Jefri had failed to show that the court should not recognise and enforce the Brunei orders in the exercise of that discretion. 3.3 Categories of Foreign Judgments Not Enforced The judgment in Bandone confirmed that the Cayman Islands courts will not enforce a foreign in rem judg - ment with respect to Cayman property. The Bandone judgment was cited without demur by Doyle J in his judgment in Kisha Dean Trezevant v Stanley H Treze- vant III (unreported judgment dated 10 November 2021) (“ Tresevant ”), albeit the judgment concerned an ex parte application for an asset-freezing injunc - tion and therefore the point was not argued before the court. Further, the substantive trial in the Trezevant proceedings is scheduled for November 2025, where the Grand Court will consider, among other things, the recognition and enforcement of a foreign non-money judgment. Likewise, the courts will not enforce judg - ments that relate to the penal or public laws of anoth - er country or unpaid foreign taxes. However, these
limitations do not apply to a judgment arising from foreign statutory breaches that gives rise to a private law remedy. Pursuant to the Trusts Act, a foreign judgment that a Cayman trust or trust disposition is void or liable to be set aside because such trusts are not recognised under the relevant foreign law, or because of matri - monial or certain other rights existing in the foreign jurisdiction, will not be enforced. The requirements stated in 3.1 Legal Issues Concern- ing Enforcement of Foreign Judgments must also be satisfied (see further 3.6 Challenging Enforcement of Foreign Judgments ). 3.4 Process of Enforcing Foreign Judgments The procedure for enforcing a foreign judgment involves issuing a writ of summons suing for the for - eign judgment debt, serving the writ upon the defend - ant and then ordinarily seeking summary judgment (or default judgment in the absence of an acknowledge - ment of service). The court will usually not re-hear the merits of the underlying action, although the court will hear any challenge to the recognition and enforce - ment of the judgment (see 3.6 Challenging Enforce- ment of Foreign Judgments ). Upon judgment being granted in the writ action, it will be enforceable in the same manner as a domestic judgment. 3.5 Costs and Time Taken to Enforce Foreign Judgments As with any other aspect of the enforcement process, the time and costs involved will depend substantial - ly upon the degree of resistance from the judgment debtor, and the complexity of any resulting dispute. At its simplest, a Cayman Islands judgment for the enforcement of a foreign money judgment, which faces little or no resistance, may be obtained within a matter of weeks and at modest expense. On the other hand, any robust and persistent chal - lenge to the recognition and enforcement of a for - eign judgment, particularly one involving complex non-monetary remedies, such as in Bandone , can be expensive and time-consuming. The judgment credi - tor is typically unable to control such matters since
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