Gathering Evidence In The Cayman Islands To Support Proceedings Elsewhere

Gathering evidence in the Cayman Islands is governed by the Evidence (Proceedings in Other Jurisdictions) (Cayman Islands) Order 1978 (SI 1978/1890) (the 1978 Order). The 1978 Order extended to the Cayman Islands the provisions of the Evidence (Proceedings in Other Jurisdictions) Act 1975, a United Kingdom statute with modifications.

The 1978 Order makes provisions for requests for obtaining evidence from foreign courts entertaining civil proceedings. The question whether proceedings are a civil or commercial matter depends on the classification of those proceedings according to the law of the requesting court and the law of the court to which the request was made. In this case, Cayman law.