05/08/2022 | hsmoffice

Who’s Who Legal Recommends Oscar DaCosta in Real Estate 2022 Guide

Who’s Who Legal (WWL) has featured Oscar DaCosta, a real estate lawyer in the Cayman Islands, in their 2022 Real Estate Guide. Oscar has over 5 years of legal experience and focuses on property law, assisting with property transactions across Read more +

09/05/2022 | hsmoffice

HSM Amplifies Family Services with New Lawyer

The HSM Group is thrilled to welcome Shelly Perryman-Pollard to their law firm. Shelly joins HSM Partners Kerrie Cox and Linda DaCosta in their family law practice and will help people navigate through divorce and separation, financial considerations, custody matters, Read more +

21/04/2022 | hsmoffice

The Impact of Data Breaches in the Cayman Islands

Data breaches have made recent headlines in the Cayman Islands and you may have wondered what they were all about, and why they matter. Their significance in Cayman’s legal landscape is briefly explained below by Cory Martinson (HSM Paralegal). The Read more +

13/04/2022 | hsmoffice

Cayman’s Virtual Notary Regulations Due To Expire 16 April 2022

The Coronavirus pandemic, and subsequent lockdowns, required timely amendments to many Cayman laws and regulations to enable the business community to continue to function. One such innovative change was the passing of the Notaries Public (Virtual Conduct of Notarial Acts) Read more +

Aspects of Law Relating to Border Control Found to be Incompatible with Bill of Rights

On 8 October 2020, the Court of Appeal of the Cayman Islands, affirmed the earlier Judgment of Williams J in finding that Section 82 of the Immigration Law (2015 Revision) and Section 109 of the Customs and Border Control Law, 2018 are incompatible with the Cayman Islands Bill of Rights.

The Judgment in the case of Ellington v Chief Immigration Officer, in which Mr Alastair David of HSM Chambers represented Mr Ellington both before the Grand Court and Court of Appeal of the Cayman Islands made it clear that the previous Law in respects to Prohibited Immigrants and its current incarnation are incompatible with the Bill of Rights and in particular the right to the family and private life.

It is hoped that this decision will lead to a much needed change in the Law which will lead to clarity in how the relevant authorities deal with Prohibited Immigrants. The Court of Appeal noted with some concern that there are no directives or rules governing Prohibited Immigrants and it is hoped that this will also be addressed shortly. Furthermore, it is also hoped that at the same time thoughts can be given to amending other sections of the Immigration Law which may be incompatible with the Bill of Rights.

Click here to read more details on The Effect of Ellington v Chief Immigration Officer of the Cayman Islands.