Judicial Administration
Courts
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 work of the courts can be identified in terms of specialised divisions, and plans
are under way for the creation of divisions, including a commercial division of
the Grand Court, to ensure the continued timely and efficient dispensation of complex
cases.
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.