Cayman ISLANDS Law and Practice Contributed by: Sam Dawson, Peter Sherwood and Denis Olarou, Carey Olsen
quent oral arguments and cross-examinations are based. Sometimes, trials might begin with the filing of written opening submissions 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 procedure is flexible and will be influenced by the complexity and volume of the issues. 7.2 Case Management Hearings Typically, there are at least two procedural hear- ings in a civil claim of any complexity. Unless the parties agree directions to trial, in every proceeding there will be a directions hear- ing (usually after close of pleadings) at which the court can consider and set down the directions (including as to timing) for the subsequent con- duct of proceedings until trial. This may include a variety of matters, such as: • discovery; • timetable for any pleading amendments; • service of witness statements and expert reports; • procedure for listing the trial; • timing of trial bundles and skeleton argu- ments; and • provisions for any pre-trail 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 intend- ed to ensure that all preparations 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 Judi- cature 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 exceptional case. 7.4 Rules That Govern Admission of Evidence Rules on admissibility of evidence are found in Sections 42–56 of the Evidence Act (2021 Revi- sion) and in Order 38 of the Grand Court Rules. The approach in the Cayman Islands is similar to the approach in England 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, sub- ject to appropriate notice being given. However, the nature of the evidence and the circumstanc- es 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 appoint- ed, the court expert provides their report to the court and the parties and may then be cross- examined by the parties with leave of the court. Unless the court orders otherwise, the parties are jointly and severally responsible for the fees of the court expert.
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