Cayman ISLANDS Law and Practice Contributed by: Sam Dawson, Peter Sherwood and Denis Olarou, Carey Olsen
• the particulars of the company’s incorpora- tion; • a description of its business (including a statement about the countries in which it is carried on); • a concise statement of the grounds upon which the winding-up order is sought; and • the name and address of the qualified insol- vency practitioner nominated for appointment In all cases – writ of summons, originating sum- mons, or petition – the relevant court rules pre- scribe standard forms that serve as a template. Both a writ of summons and an originating summons have an “expiry date” in that, having been filed, they must then be served upon the defendant within a certain period. This period is six months from the date of issue where leave for service out of jurisdiction is required and four months in all other cases. Unless served within these time periods (or unless validity of the document is extended by order of the court), validity of the originating process document will expire, necessitating the filing of a fresh writ or originating summons. This could have significant consequences if a limitation period expires in the meantime. In general, originating process documents may be amended. A writ may be amended without leave of the court before it is served on the defendant. After service, a writ may be amend- ed without leave once at any time before the pleadings are deemed to be closed, provided the amendment does not consist of adding, omitting, or substituting a party, altering the capacity in which a party is sued, or adding or substituting a new cause of action (these types of amendments require leave). as official liquidator. Form and Procedure
Once pleadings have closed (or, before plead- ings have closed, if the plaintiff wishes to amend for a second time), the plaintiff requires leave of the court to amend the writ. The court has wide discretion over all such amendments. The same rule applies to originating summonses or other originating processes. 3.5 Rules of Service Service of originating process is the responsibil- ity of the plaintiff. Within the jurisdiction, natural persons must generally be served by personal service. Com- panies registered in the Cayman Islands may be served by delivery to their registered offices in the Cayman Islands. If proceedings are brought under a contract which specifies how originat- ing process is to be served, then service can be effected in accordance with those provisions. In cases where genuine difficulties arise in effect- ing service, a plaintiff may apply to the court for leave to serve by an alternative method, which may include by email, fax, or newspaper adver- tisement. Permission to serve by alternative means is not given lightly, but it can be obtained in appropriate cases. Service Outside the Cayman Islands Subject to limited exceptions, leave of the court is required to serve proceedings outside the Cayman Islands. To obtain leave, the plaintiff must: • satisfy the court that it has a good cause of action; • identify the country where the defendant may be found; • specify the proposed method of service and show that it is in accordance with the law
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