As attorneys in divorce and family matters we are frequently asked by our clients, “what about mediation?” and “can it help me in my divorce or maintenance application.” We address these questions below. What is Mediation? Mediation is the most commonly used method of alternative dispute resolution. It is a voluntary way of …
On 2 February 2021 Mrs Justice Ramsay-Hale of the Cayman Islands Grand Court delivered judgment in the matter of Andrade v. Frederick. Her judgment is of importance to the auto insurance industry and to personal injury claimants in motor vehicle accident cases in the Cayman Islands. After an exhaustive survey of the law and with …
On 13 June 2013 the Commonwealth’s highest court, the Privy Council in London, awarded Caymanian surveyor, Alastair Paterson, substantial damages at the end of a legal saga, which began seven years previously in the aftermath of Hurricane Ivan. The Privy Council judgment not only completely vindicated Mr Paterson, who saw his reputation gravely damaged by …
CRAWFORD ADJUSTERS v. SAGICOR GENERAL – HAMPSON AND COMPANY CHANGE CENTURIES-OLD LAW Read More »
Divorce often raises fundamental questions about core family issues, including finances and children. Addressing these issues properly will have a significant impact on your future. Marital breakdown can often be accompanied by emotional distress. Having an understanding of the process and receiving legal advice on the implications can often lead to more productive outcomes. …
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (“the Convention”).
Background Following established English practice and procedure, litigation in the Cayman Islands operates on a “loser pay” basis, i.e. the loser pays the winner’s costs. There is, however, no assurance provided to the plaintiff that the losing defendant will be able to pay the plaintiff’s costs. The plaintiff in deciding to commence proceedings accepts …
Security for Costs in Litigation in the Cayman Islands Read More »
English common law principles, followed and applied in the Cayman Islands, establish a number of pre-requisites for the enforcement of foreign judgments.
Next to “what will it cost?” the question, “will I get my costs?”, is probably one of the most common questions that litigation lawyers deal with when advising clients contemplating legal proceedings. Typically most clients are left a little confused by the answer, wondering why if they succeed in their claim or in their defence, …
