26 April 2021

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

 

Alternative dispute resolution

Proposals for reform

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