Judicial Administration
The Grand Court
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 formalised.
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. Given the wide
and complex nature of its business, a project is now under way to re-organise the
Court into Divisional Courts. The first such will be a Commercial Division whose
objective will be to continue to ensure the efficient, timely and just disposal
of commercial cases.
Although the Grand Court is in session throughout the year, its formal ceremonial
opening takes place on the first Wednesday 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. Subsequent
sessions of the Court are marked by a less formal opening on the first Wednesday
of each alternate month. Jurors are summonsed to serve for a complete session of
two months.
The Annual Reports on the business of the Courts are available
here.