Cayman Islands: Litigation

This country-specific Q&A provides an overview of Litigation laws and regulations applicable in Cayman Islands.

  1. What are the main methods of resolving disputes in your jurisdiction?

  2. What are the main procedural rules governing litigation in your jurisdiction?

  3. What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?

  4. How long does it typically take from commencing proceedings to get to trial in your jurisdiction?

  5. Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?

  6. What, if any, are the relevant limitation periods in your jurisdiction?

  7. What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?

  8. How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?

  9. How does the court determine whether it has jurisdiction over a claim in your jurisdiction?

  10. How does the court determine which law governs the claims in your jurisdiction?

  11. In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?

  12. What, if any, are the main types of interim remedies available in your jurisdiction?

  13. After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?

  14. What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?

  15. How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?

  16. Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?

  17. Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?

  18. What are the rules governing enforcement of foreign judgments in your jurisdiction?

  19. Can the costs of litigation (e.g. court costs, as well as the parties’ costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?

  20. What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?

  21. What, if any, are the mechanisms for joining third parties to ongoing proceedings and/or consolidating two sets of proceedings in your jurisdiction?

  22. Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?

  23. What has been the impact of the COVID-19 pandemic on litigation in your jurisdiction?

  24. What is the main advantage and the main disadvantage of litigating international commercial disputes in your jurisdiction?

  25. What is the most likely growth area for commercial disputes in your jurisdiction for the next 5 years?

  26. What, if any, will be the impact of technology on commercial litigation in your jurisdiction in the next 5 years?