CAYMAN ISLANDS JUDICIAL ADMINISTRATION
Photo: Cayman Islands Courthouse
Dating back as far as 1798, there is evidence of the appointment of Justices of the Peace by the Governor of Jamaica on behalf of the British Crown, to administer public affairs in the Cayman Islands. This arrangement was the forerunner to today’s judiciary.
In 1811, the post of Clerk of Courts was established. In 1898, a transition took place that saw the powers of the Custos vested in a Commissioner, who combined administrative duties with those of a Judge of the Grand Court.
In 1957, a Stipendary Magistrate was appointed to perform all judicial and legal functions, which included all matters laid before the Court of Petty Session with the exception of capital offences.
Further changes took place in 1975 with the appointment of a Judge of the Grand Court (upon constitution of the Court in its modern form) and a Magistrate. At this time the Grand Court was upgraded to supreme court status, summary courts replaced the petty sessions and a Juvenile Court was established. The following year, a Chief Justice was appointed in accordance with the Grand Court Law of 1975.
The final and most recent change in constitution of the local courts took place in 1984, with the establishment of the Cayman Islands Court of Appeal to exercise an appellate jurisdiction formerly held by the Jamaican Court. Hence forth all judicial proceedings could be heard within the Cayman Islands, subject to a possible final appeal to the Privy Council in London.
The Judiciary is one of three separate arms of Government. Its function is to administer the law independently of the Executive and the Legislative arms of Government; an independence that is safeguarded in the Constitution of the Cayman Islands. The Judiciary is comprised of the following jurisdictions in ascending order within the hierarchy of the courts:
Hears civil and criminal matters including Family, Youth and Coroner’s Courts.
Hears applications for judicial review, cases on criminal, civil, family and estate matters and appeals from the Summary Courts. In addition to the general Civil and Criminal Divisions, it has three specialist Divisions: the Admiralty Division, the Family Division and the Financial Services Division.
The Highest Court in the Cayman Islands in which civil and criminal appeals from the Grand and Summary Courts can be heard.
The highest Court from which an appeal from the Court of Appeal can be heard.
The courts of the Cayman Islands administer justice in keeping with the Constitution, the Laws of the Islands and the well established principles of common law which have been developed by the local, the British and other courts of the Commonwealth of Nations. Criminal proceedings for breaches of the Laws of the country are taken before the courts to be heard by a magistrate (in the case of proceedings before the Summary Court), or a judge, or judge and jury (at the election of the defendant) in the case of proceedings in the Grand Court. Generally, the more serious offences are tried on indictment in the Grand Court, although the Summary Court has jurisdiction to try serious drug charges and to impose very severe penalties in respect of such offences. Civil disputes having a subject matter of up to CI$20,000.00 are also taken in the Summary Court.
The Grand Court, as a court of unlimited jurisdiction, tries all other types of civil disputes, including the most complex commercial and trust disputes which often arise in respect of Cayman Islands corporate or trust entities.
The structure of the court system is hierarchical with appeals lying to the Court above at each stage. The Summary Court is the first in the hierarchy, followed by the Grand Court, the Court of Appeal and finally, Her Majesty’s Judicial Committee of the Privy Council. There is a separate right of petition to the European Court of Human Rights for persons who reside in the Cayman Islands having regard to the extension of the European Convention on Human Rights to the Islands.
The procedure of the courts is largely governed by court rules. Applicable fees and taxation of costs are set out in the court fees and court costs taxation directions respectively. Major court events for each year are recorded in the court calendar. The matters heard in court from day to day are set out in the cause lists.
The Summary Court exercises jurisdiction over a wide variety of civil and criminal matters. Civil jurisdiction in monetary claims is limited by the amount of the claim, which at present cannot exceed CI$20,000.
The Summary Court also hears affiliation, maintenance and domestic violence applications.
All criminal cases start in the Summary Court, with more serious cases being committed to the Grand Court for trial on indictment. The Summary Court is empowered to impose sentences of up to four years’ imprisonment, and in certain types of drug cases this power is extended to 20 years or, on second or subsequent convictions, 30 years. Customarily, there are three summary court sittings daily, one of which is usually a traffic court where cases heard comprise mainly of traffic matters.
In October 2007, the Drug Treatment Court was established within the Summary Court. This creation as well as plans for a Family Court, have emphasized the need to organize the work of the Summary Court into divisions.
Apart from when it sits as an appellate court from the lower courts or other tribunals (usually statutory, quasi-judicial), this court is a Superior Court of Record of First Instance, having unlimited jurisdiction in both criminal and civil matters. As such it exercises within the Cayman Islands similar jurisdiction as is vested in or capable of being exercised in England by Her Majesty’s High Court of Justice and its divisional courts.
Judges of the Grand Court are appointed from amongst persons 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 Commonwealth of Nations.
The Grand Court was first created as a court of special limited jurisdiction by statute in 1877. In its present modern form, the Grand Court was established by the Grand Court Law of 1975, and enshrined as a Constitutional Court in 1984.
The Chief Justice has responsibility for “all matters arising in judicature.” By this means and by the other statutory and constitutional processes which establish and separate the Courts from the Legislative and Executive arms of Government, the separation of powers and independence of the Judiciary is formalized.
In addition to the purely judicial functions, the Chief Justice, or a designated judge acting in an administrative capacity, is also the Central Authority for the purposes of the Mutual Legal Assistance Treaty (MLAT). The treaty was entered into between the United States and the United Kingdom on behalf of the Cayman Islands in 1986.
The Cayman Islands’ status as a leading international offshore banking and financial centre often generates actions before the Grand Court involving complex issues and substantial assets. The domestic business of the Court is also varied and often complex, including the work of the criminal, family, common law and civil jurisdictions. Grand Court judges either sit alone or with a jury of seven (12 for murder and money laundering trials). When hearing civil matters, judges usually sit alone. The Grand Court hears both civil and criminal appeals from the Summary Court.
Although the Grand Court is in session throughout the year, its formal ceremonial opening takes place early in January, on which occasion the Chief Justice presents his annual report to the public on the work of the Courts and the Attorney General and other leaders of the profession address the Court on matters of concern to the profession and the practice of law in the jurisdiction. Jurors are summonsed to serve for a complete session of two months.
Specialty Courts within the Grand Court are: Family Division and Financial Services Division.
The Annual Reports on the business of the Courts are available here.
Appeals from the Grand Court go to the Court of Appeal. Like the Grand Court, the Court of Appeal is a Superior Court of Record. Unlike the Grand Court, however, the Court of Appeal does not exercise inherent jurisdiction but is a creature of statute and of the Constitution.
The Court of Appeal is comprised of judges who have held high judicial office for many years in the Cayman Islands and elsewhere in the Commonwealth. Three judges sitting together constitute the Court. There is at present a roster of four or more appellate judges. The current President is the Rt. Hon. Sir John Goldring, and one of two members of the Cayman Islands Court of Appeal who have been members of the Judicial Committee of Her Majesty’s Privy Council.
The Cayman Islands Court of Appeal was established in 1984. It usually sits for three sessions of three weeks each year in the Cayman Islands. Before 1984, appeals were heard by the Court of Appeal of Jamaica exercising jurisdiction for the Cayman Islands. Sittings were held either in Grand Cayman or Jamaica.
Appeals from the Court of Appeal go to the Judicial Committee of the Privy Council which is the final Appellate Court for the Cayman Islands.
This appellate body, often referred to simply as “the Privy Council“, was established by the Judicial Committee Act of 1833, an Imperial Act of the British Parliament. As appeals from colonial courts were historically ultimately referred to the Sovereign as the final arbiter of justice, such appeals were referred to the King or Queen who considered them upon the advice of His or Her Privy Council. The Privy Council became formalized as a Judicial Committee by the Act of 1833. Since 1876, this final appellate court has been comprised of members of the Supreme Court of the United Kingdom (formerly the Judicial Committee of the House of Lords) (the final Appellate Court of the United Kingdom itself) as well as of other eminent jurists appointed from among the senior judiciary of other Commonwealth Courts.
Until recently, the Privy Council remained the final appellate court for most Commonwealth countries. Today it still presides in that capacity only for certain final appeals from within the United Kingdom and for appeals from the Courts of Appeal of the Channel Islands, The Isle of Man, The British Overseas Territories, including the Cayman Islands and a few Commonwealth countries, including the Bahamas.
Appeals from the Cayman Islands are governed by the rules set out in the Cayman Islands (Appeals to Privy Council ) 1984 U.K. Statutory Instrument 1984/1151.
There are three broad categories of appeals:
However, in cases where leave to appeal can or must be obtained from the local Court of Appeal, appeals may be filed with the Court of Appeal registry. In the case of the Cayman Islands, this is at the Courts in George Town, Grand Cayman. Preparation of the record in such cases will be overseen by the local registry for submission to the Privy Council registry.
In this section:
The Cayman Islands flag is flown by more than 70 per cent of the world’s mega yachts and by an increasing tonnage of merchant ships, super tankers and cruise ships. In recognition of the potential for maritime litigation, a specialized admiralty division of the Grand Court was established and is served by judges experienced in the field of maritime law. At present the assigned judges are the Hon. Chief Justice and Hon. Justice Sir Peter Cresswell.
Already some cases coming before the Grand Court and the Court of Appeal have been dealt with under the modern regime created by the Merchant Shipping Act 1970 of the UK as extended to the Islands by the Merchant Shipping Act 1970 (Cayman Islands) Order 1988 (S.I. 1988/246) and by the Merchant Shipping Act 1894 as modified and applied in the Cayman Islands by Schedule 2 of the Merchant Shipping Act 1988 (Cayman Islands) Order 1988 (S.I. 1988/1841) including the various applicable regulations and conventions.
The presence of the Cayman Islands Shipping Registry in eight different countries around the world also speaks to the Government’s intention to widen the availability of its services.
The applicable laws and regulations and links to the applicable conventions are expected to be available on this website later this year.
Important decided cases are available in the Cayman Islands Law Reports.
The Family Division of the Grand Court was created in 2009 in recognition of the different needs of parties to family proceedings and of the greater emphasis on encouraging parties to work out their own solutions wherever possible. An important step in the development of the law and practice has been the implementation of the Children Law, enacted in 2003 but brought into force in 2012. The law is now set out in the Children Law (2012 Revision).
Family proceedings include all issues arising from marriage and divorce, issues arising from the need for financial support for spouses or children following divorce, separation or in cases where the parents were not married to each other and generally, issues concerning the welfare of children. The welfare of any child involved in such proceedings is the paramount consideration; this is equally applicable to ‘private law’ proceedings (those between the parents of the child or wider family) and to ‘public law’ proceedings (those where the Government seeks orders).
The Children Law and related rules and forms can be found on the Court's website; a guide to the orders possible under this law and what you should do to start proceedings or to respond to proceedings started by somebody else is under Guidance Resources.
It is often difficult to decide what to do when there is a problem in the family; help and support is available from many sources and a good place to start is the Family Resource Centre.
If an issue can be resolved only by a court, it is often best to talk to an attorney at an early stage. If you do not know an attorney who specialises in this type of work, contact the Cayman Islands Law Society for a list of names. It usually works best if those involved with the care of a child can agree amongst themselves on what is best. Mediation can help parties do this. A skilled facilitator helps people talk about issues that they have and explore if it is possible to find a way that is acceptable to everyone.
The court will encourage parties to agree between themselves but, if that is not possible, it will try to get the case to court quickly; the first hearing of a case in the Grand Court is usually within 28 days. If the case cannot be resolved then a timetable will be set for the next stages and it is important that everyone involved does what is required of them to make sure that the matter concludes quickly.
If you want to know about applying for financial support for yourself or for a child, or for legal aid where the welfare of a child is at risk, court staff can help you fill in the forms that you need.
The Financial Services Division of the Grand Court was created in 2009 recognising the need for special procedures and skills in dealing with the more complex civil cases that arise out of the financial sector in the Cayman Islands.
The procedures of the court reflect the need for urgent action to be taken in some cases; for there to be special processes for balancing the need for justice to be administered in public with the potential harm to businesses if sensitive information is publicly available at too early a stage; and for the need to be able to adjust judicial resources to the changes in patterns of workload in this highly specialised area of work. Video conferencing is widely used in response to the global spread of the financial sector doing business in the Cayman Islands.
The Division is served by six judges including the Hon. Chief Justice and two of the other full time Judges of the Grand Court, as well as three part time Judges- together bringing a high level of practical experience and judicial expertise.
The Division is supported by a Registrar, a Listing Officer and by a dedicated unit of the Civil Registry of the Court. The procedures and practice directions followed by the Division are set out in the FSD Users’ Guide.
Specific procedures (such as those dealing with companies and trusts) are set out in the laws of the Cayman Islands and the Rules that support them. If you are not able to trace a law or rule that is in force, use the contact link on the Court's website and they will try to ensure that you receive an electronic copy quickly.
Important judgments of the Financial Services Division will either be in the Cayman Islands Law Reports or published elsewhere as an unreported judgment.
Special court programmes offer alternative sentences that may include domestic violence intervention, mental health supervision, monitoring of drug offenders who do not qualify for the Drug Rehabilitation Court and – within the Traffic Court – a programme for people guilty of driving under the influence of alcohol. Referrals to the Treatment Courts are made by the probation officers who also facilitate the intervention programmes and make referrals to the Counselling Centre where appropriate.
Treatment Courts look at alternatives to prison. They look for the roots of offending behaviour. They try to help each defendant see why his/her behaviour was wrong, then accept responsibility for it and make amends. The presiding magistrate consults with a team that may consist of probation officers, counsellors, social workers and even medical staff to determine the appropriate action to be taken in each case.
Depending on the type of criminal offence, probation officers may conduct risk assessments, for example probation officers may be asked to determine if a defendant would be a suitable candidate for the Domestic Violence Intervention (DVI) programme. In some cases, the defendant who is accepted into the program may continue to live in the marital home, or they may be directed to reside elsewhere. Risk assessments continue throughout the process.
The DVI programme requires each defendant to attend court once per month so that the presiding magistrate can be updated on the offender’s progress. Probation officers from the Department of Community Rehabilitation report on attendance at 32 mandatory weekly meetings, provide details of the level of participation, and feedback from the victim of the assault. Participants have confirmed that the skills they learned have helped them deal with conflict in other areas of their lives.
The Drug Rehabilitation Court orders may include a regime of counselling, attendance, drug screens and peer sessions. The main goal of the Drug Rehab Court is to get a repeat offender to break the cycle of drug use and criminal behaviour.
Defendants attending the monthly informal Mental Health Court are there because of criminal charges such as possession and/or consumption of illegal drugs or burglary, theft, damage to property or threatening violence; often a combination.
A therapeutic model has been adopted for the Mental Health Court that includes counselling and medication, with possible sanctions to follow for those who do not maintain the directives that are issued by the Court. This approach means monitoring by the court, with consideration of each defendant’s progress by a team of professionals dedicated to the task, in pre-court closed meetings with the magistrate presiding. Whatever confidential information was shared is not disclosed in open court when the magistrate speaks to each defendant. Team members sit on the side, ready to answer any questions or address issues the defendant may raise. The Mental Health Court team includes probation officers who work with defendants on an individual basis. Monitoring of defendants in the Mental Health Court may include requiring urine samples for drug tests.
The Coroners Court is established by the Coroners Act (2021 Revision). Under the Law, each of the Magistrates is a Coroner and may undertake the duties and responsibilities set out in the Law.
A Coroner inquires into certain deaths, primarily those where the death was violent or sudden.
When the Coroner becomes aware of a death (usually through a report from the Royal Cayman Islands Police Service) and is satisfied that there is reasonable cause to suspect that the death was either a violent or unnatural death, or a sudden death of which the cause has not been medically determined, or that the deceased died in prison, then the Coroner must hold an inquest.
Every inquest is presided over by a Coroner sitting with a jury of seven members.
The inquest is directed solely to identify:
New Coroners Rules 2021 come into effect on 1 December 2014 replacing the Coroners Rules (1996 Revision).
Below are a selection of free online websites which can be used to access decisions of the Judiciary of Cayman Islands.
Persons may also search for decisions using the Commonwealth Legal Information Institute:
The Faculty of Law Library offers access to the Judiciary of Cayman Islands decisions from various databases:
The Faculty of Law Library houses unreported judgments for all Commonwealth Caribbean jurisdiction dating back from early 1950s. To access these printed unreported judgments, persons are invited to visit the Library during opening hours to make a request.
The Library also has a collection of reported judgments, which are held in official law reports and elsewhere.
Please find below a selection of legislation which refers to the Judiciary of Cayman Islands:
Other Legislation:
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Please note that the contents of this guide are provided strictly for individual, non-commercial, academic/educational, reference and/or research use and do not constitute legal advice. This guide does not substitute an individual's right to do their own research. Persons seeking legal advice should consult a practising attorney-at-law in their jurisdiction.
The information of this guide was compiled using open sources such as official websites and other resources.
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