Created Date:
08 February 2023
A guide to litigation and enforcement in the Cayman Islands (PLC Chapter)
Lawyers from our dispute resolution and litigation practice have drafted this Q&A, which gives a structured overview of key practical issues concerning litigation and enforcement in this jurisdiction, including:
Summary
Main dispute resolution methods
Court litigation
- Limitation periods
- Court structure
- Rights of audience
- Rights of audience/requirements
- Foreign lawyers
Fees and funding
- Funding
- Insurance
Court proceedings
- Confidentiality
- Pre-action conduct
- Main stages
- Starting proceedings
- Notice to the defendant and defence
- Subsequent stages
Interim remedies
- Strike out
- Summary judgment
- Other circumstances
- Availability and grounds
- Prior notice/same-day
- Mandatory injunctions
- Right to vary or discharge order and appeals
- Main proceedings
- Preferential right or lien
- Damages as a result
- Security
Final remedies
Evidence
- Disclosure
- Privileged documents
- Other non-disclosure situations
- Examination of witnesses
- Oral evidence
- Right to cross-examine
- Third party experts
- Appointment procedure
- Role of experts
- Right of reply
- Fees
Appeals
- Which courts
- Grounds for appeal
- Time limit
Class actions
Costs
Enforcement of a local judgment
Cross-border litigation
- No choice of law and non-contractual claims
- Enforcement of a foreign judgment
