Cayman ISLANDS Law and Practice Contributed by: Sam Dawson, Peter Sherwood and Denis Olarou, Carey Olsen
see 7.8 General Timeframes for Proceedings for an in-depth discussion of timeframes. Appeal The Cayman Islands Court of Appeal hears appeals from the Grand Court. Unlike the Grand Court, which sits throughout the year (except during summer and Christmas breaks when only urgent business is heard), the Court of Appeal generally sits three sessions of three weeks, approximately in April, September, and November each year, although it is possible, in certain limited circumstances and where prac- ticable and necessary in the interests of justice, for parties to apply for a special sitting. All judges of the Court of Appeal have previously held high judicial office for many years in the Cayman Islands, England, or elsewhere in the Commonwealth. Appeals from the Cayman Islands Court of Appeal are heard by the Judicial Committee of the Privy Council in London. 1.3 Court Filings and Proceedings All originating process documents filed with the Grand Court – such as writs, originating sum- monses, originating motions and petitions – are placed on a public register. Other documents filed by the parties in court proceedings – such as summonses, pleadings, affidavits, witness statements, and skeleton arguments – are placed on the court file relat- ing to the relevant proceeding. This file is not open to public inspection by default. However, any member of the public may apply to the court for permission to inspect or take a copy of any document on the court file.
The Grand Court’s civil case load is broadly divided between the Civil Division, the Family Division, the Admiralty Division, and the Finan- cial Services Division. The overwhelming major- ity of litigation concerned with international financial services takes place in the specialist Financial Services Division. Among other things, the Financial Services Division is the mandatory division for: • proceedings relating to Cayman Islands investment funds; • most trust proceedings; • certain actions under the Companies Act (including all winding-up proceedings); • all proceedings to enforce foreign judgments and arbitral awards; and • most actions for breach of contract or duty by or against a professional services provider. A particular feature of proceedings in the Finan- cial Services Division of the Grand Court is that, ordinarily, the judge who is assigned to a matter at the outset remains assigned to it all the way until trial. Therefore, the same judge will hear all the interlocutory applications and will preside over the trial. This facilitates a high level of famili- arity with the case. Judges of the Grand Court are appointed from amongst individuals who must have the same qualifications as are required for appointment to the English High Court of Justice or courts of equivalent jurisdiction throughout the Common- wealth. They are eminently qualified and, in the Financial Services Division, possess extensive experience in financial services, corporate, and insolvency disputes. There is no one-size-fits-all timeframe for pro- ceedings. Everything hinges on the complexity of the issues and various other factors. Please
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