Litigation in the Cayman Islands

Because of its historical and constitutional ties with England, the judicial system of the Cayman Islands bears many similarities to, and connections with, the English judicial system. Generally, in a civil case, trial is by a judge alone. However, section 21 of the Judicature Law (2007 Revision) allows a party to a civil case to apply for the case to be tried by jury. The onus is on the applicant to show that the matter is one that could properly be tried by a jury. It is unlikely that the court will direct a jury trial except in relation to claims in libel, slander, malicious prosecution or false imprisonment. The judicial system in this jurisdiction is adversarial rather than inquisitorial, so generally a judge will adopt a passive rolein a civil case leaving it to counsel to examine and cross-examine witnesses, although the judge can and often will ask questions of the witnesses.