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Jeremy Snead
Partner | Legal
London, Cayman Islands, British Virgin Islands
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Jeremy Snead
Partner
London, Cayman Islands, British Virgin Islands
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Ensuring the effective enforcement of judgments is a crucial aspect of a successful litigation strategy. The Cayman Islands recognise that valid decisions made beyond its white sands should be as enforceable as domestic judgments. While the statutory regime for registration and enforcement has only been extended to some of the Superior Courts of Australia and its External Territories, the Cayman Courts are willing to consider extending assistance to all judgment creditors through the well-trodden common law route.
Additionally, rather than merely seeking recognition of a monetary judgment, a plaintiff may wish to consider direct recourse to insolvency proceedings [https://www.ogier.com/publications/snapshot-compulsory-liquidation-in-cayman] or the holder of a non-monetary judgment may consider relief in aid of those foreign proceedings [https://www.ogier.com/publications/cayman-injunctions-in-aid-of-foreign-proceedings].
This Snapshot outlines the common law route for recognition and enforcement.
Other than from that handful of Australian Courts, the successful foreign plaintiff must bring a new action in the Financial Services Division of the Grand Court against the defendant if it wishes to have the judgment recognised and enforced in the Cayman Islands. Initially limited to monetary judgments that create a debt obligation between the parties, the Cayman Court now accepts that it should recognise non-monetary judgments where the principle of comity applies.
The Grand Court may enter a domestic judgment of a valid foreign judgment if it:
The Grand Court will need to be satisfied that the foreign court had proper jurisdiction according to Cayman Islands conflicts principles. In Cayman, that is if the defendant:
Whether a judgment is final, interim or interlocutory will depend on the nature of the judgment. A decision will ordinarily be regarded as final and conclusive even if it is under appeal or an appeal is pending in the foreign court. However, the Grand Court has unfettered discretion and will decide each case on its merits.
The Grand Court will not enforce a foreign judgment which is contrary to public policy. Examples include where the foreign judgment was obtained in proceedings contrary to natural justice, where the defendant’s rights were breached (such as by failure to allow the defendant to present his case or that inadequate notice of the proceedings had been given to the defendant) or if the applicable foreign law is repugnant to Cayman law.
If the Grand Court gives judgment in favour of the plaintiff, it may be enforced in the same manner as a domestic judgment. For a monetary judgment, these would include:
Ogier regularly deals with questions of recognition and enforcement at all stages of the litigation cycle, please reach out to your usual Ogier contact to include this element in your effective litigation strategy.
Jeremy Snead
Partner | Legal
London, Cayman Islands, British Virgin Islands
Jeremy Snead
Partner
London, Cayman Islands, British Virgin Islands
Deborah Barker Roye
Partner | Legal
Cayman Islands
Deborah Barker Roye
Partner
Cayman Islands
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.
Regulatory information can be found under Legal Notice
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