Articles
Grand Court confirms that service of proceedings on attorneys invalid without confirmation that they hold instructions to accept service on behalf of their client.
18 September, 2020
In a recent judgment of the Grand Court (Anna Bennett (Personal Representative of Mr George McIrvin Deceased) v. Mr Peter Right – P105 of 2018 (Unreported)), McMillan J set aside a default judgment after having found that there had been an inadequacy and a deficiency in complying with O.13, r.7 of the Grant Court Rules (“GCR”), which sets out how proof of service of a writ may be established.
Child Abduction in the Cayman Islands
3 September, 2020
The Hague Convention on Child Abduction is the main international agreement that covers international parental child abduction. It provides a streamlined process through which a parent can seek to have their child returned to their home country.
Grand Court confirms its jurisdiction to restrain the dissipation of a company’s subsidiaries’ assets, including its power to oblige a company to make ancillary disclosure of those assets
20 August, 2020
In a recent judgment of the Grand Court, Kawaley J confirmed the Court’s jurisdiction to extend the definition of “assets” in a worldwide freezing order to include those assets held directly and/or indirectly by a party through its subsidiaries...
Recent Decision of the Grand Court regarding Annulments
11 August, 2020
A recent decision of the Grand Court has brought the issue of annulments (sometimes known as “nullity”) to the fore of matrimonial law and is a timely reminder to not overlook that potential relief as well as the legal rules which govern the topic.
Divorce and Covid19 – Contact orders in respect to children
11 May, 2020
Co-parenting during this Covid19 pandemic has, in some cases, proven to be stressful and difficult. For some, contact with their children have been unreasonably withheld. For others, there is uncertainty about the ability of the local court to intervene. If you require assistance or want to know more about the options available to you, please take a moment to read this short article.
Divorce and Covid-19: Variation of Maintenance
7 May, 2020
Unfortunately, the Covid-19 pandemic has also had a serious impact on people’s finances. Those who are facing financial problems inevitably need to rearrange their spending and obligations. For many, one of these financial obligations will be an agreement or court order to pay spousal and/or child maintenance to a former partner. For others, they will be a recipient of such payment and will rely on it more than ever. Not sure what to do if you find yourself in such a situation? This article will help you navigate your way during this extraordinary time.
Court finds government’s controversial Port Referendum Law is incompatible with the Constitution
19 February, 2020
In a landmark decision handed down today by the Honourable Mr. Justice Tim Owen, the Grand Court of the Cayman Islands has found that the ‘Referendum (People-Initiated Referendum Regarding the Port) Law 2019’ (the “Port Referendum Law”) is incompatible with section 70(1) of the Cayman Islands Constitution Order 2009 (the “Constitution”).
Cayman Islands introduces Data Protection Law 2017
2 October, 2019
The DPL is a law intended to bring the Cayman Islands into compliance with international standards of Data Protection. The DPL does this by regulating the collection and use of data provided by individuals to entities who they engage to provide services in connection with a personal or professional activity.
Construction Contracts: Part One - Key Considerations for all Parties
23 July, 2019
It is a reality that on most construction projects, the contract between the parties is often not finalised, not signed or simply forgotten. This means that each party doesn't always know what their obligations are, and there is no agreed formula for resolving problems or disputes when they arise. Whether you are a homeowner, developer or subcontractor, our July article provides practical advice on what you can do to protect your investment from the outset and avoid costly mistakes.
Mediation: Where there’s a will, there’s a way…
1 April, 2019
Mediation is a dispute resolution option, which is alternative to a court hearing or trial. A neutral facilitator, the mediator, assists the parties in crafting a resolution of the issues between them.