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Enforcement of Foreign Judgments and Enforcement of Foreign Interim Orders

Description

The introduction of legislative proposals which will empower the Grand Court to facilitate proceedings that have commenced in a foreign superior court.

Terms of Reference

The Law Reform Commission, based on concerns raised by the judiciary through several court decisions, has sought to initiate research into the issues concerning the enforcement of foreign judgments and interim orders.

The purpose of our examination in the case of foreign judgments is to determine whether any reforms are required in relation to (a) the process through which judgments of the Cayman Islands Grand Court are enforceable in the United Kingdom; (b) the process through which judgments of the United Kingdom superior courts are enforceable in the Cayman Islands; and (c) the enforcement of foreign superior court non-monetary judgments in the Cayman Islands.

The objective of our research in the case of foreign interim orders is to introduce legislative proposals which will empower the Grand Court, in the exercise of its discretion, to facilitate proceedings that have commenced in a foreign superior court, by enforcing any order made for interim relief in circumstances where there is no substantive cause of action within the Cayman Islands jurisdiction.

Outcomes