There’s a 6-year deadline for filing regular & equity claims in the Caymans. Deadlines can be extended if fraud or deliberate concealment of factual information is detected. Signing a conciliation agreement, extending a deadline & not using protection against restrictions are the three options parties can select from.
Initiation of legal proceedings in the Caymans shouldn’t be preceded by any formal or obligatory preliminary actions. Prior to initiating litigation in the Caymans, parties can attempt to settle a dispute by mediation or other ADR methods in the Cayman Islands.
In the majority of situations, it’s plaintiffs, not courts or defendants, that initiate legal proceedings in the Caymans. Initiating certain cases require submitting a summons (especially when factual information isn’t disputable or when there’s a legal requirement to follow such a procedure). Insolvency cases require submitting a petition. Once a summons is issued, plaintiffs must serve it on defendants. If there’s no possibility to locate defendants, plaintiffs may request a court to issue a permit authorizing an alternative way of serving a summons on defendants (e.g. by placing an ad in a local newspaper).
The Caymans: Resolving a Dispute by Mediation
To avoid initiating a hearing in the Caymans, parties can agree on a timetable for conducting proceedings. They may also agree on changing a timetable after the commencement of proceedings. Should either of them fail to abide by the schedule, they may request the court to issue an order authorizing imposition of penalties for any further failure to comply with the schedule.
Based on court precedents & retrieval of relevant documentation, litigation in the Cayman Islands requires solicitors to ensure that their clients abide by their disclosure commitments.
Privileges, such as judicial & legal ones, are conferred based on several categories of documents. Confidential documentation can’t be disclosed without parties’ permission, unless it’s decided otherwise by the court.
Normally, parties reach a deal on exchanging witnesses’ testimony at the stage of serving a summons. They also agree on a date & time for considering documentation & factual information. Once that has been taken care of, they may proceed with establishing a schedule for exchanging expert reports (sequential or simultaneous). Having a schedule helps parties to determine areas where they agree/disagree & ensure that experts are treated without bias. Normally, they agree among themselves that experts may furnish supplementary reports on any issues that can come up in the course of discussions.
Testifying in court, be it factual or expert testimony, is given orally. Testimony by foreign witnesses can be given via Skype or any other video conferencing software.
If no substantive proceedings are initiated, interim relief is granted in support of proceedings initiated abroad. Facilitating restructuring or preventing mismanagement may require appointment of liquidators, especially when it comes to corporate insolvency proceedings.
A number of remedies, such as declarations, injunctions, requests & invoices, can be granted by courts. Charges for damages are paid at fixed rates or as per contractual agreements.
The Cayman Islands: Public Litigation
Normally, legal proceedings involving claims are held in open court & can be attended by the general public. If proceedings are held in closed session, anyone can request the court or parties for permission to attend them. Only court decisions are available to the general public; however, interested parties can request a court for permission to review its records.
Settling a Dispute in the Cayman Islands: Costs
Courts can have plaintiffs cover defendants’ expenses if the latter file a corresponding application. They can also have defendants cover the costs connected to filing a counterclaim in the Caymans.
The Cayman Islands: Filing Class Actions Lawsuits
There’s no class action lawsuits in the Caymans; however, the so-called ‘representative lawsuits’ can be filed in which plaintiffs can act on behalf of an individual or group. It’s also possible to prosecute defendants as representatives.
Enforcing a foreign judgement in the Caymans requires issuing a judgment on the basis of common law. Initiating such proceedings is the exclusive prerogative of the Cayamanese FSD.
Need assistance in resolving a dispute in the Caymans? Looking for help with initiating litigation in the Cayman Islands? Why not contact IQ Decision UK? Our experts will be delighted to lend you a hand with any issues you might be facing in this regard.