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14/03/2024 | hsmoffice

HSM Recognised as a Chamber Champion for 2023 Sponsorship

HSM is proud to be recognised again as a Chamber Champion at the Cayman Islands Chamber of Commerce Annual General Meeting on 28 February 2024 at The Marriott Resort, Grand Cayman. For the fourth year in a row, HSM’s recognition Read more +

26/02/2024 | hsmoffice

HSM’s 2023-24 Internship Programme Nearing Completion

The HSM Group is proud to continue its internship programme in partnership with the Cayman Islands Further Education Centre (CIFEC) by offering 13 placements for the 2023/24 academic year. As part of the CIFEC curriculum, the internship began in October Read more +

15/02/2024 | hsmoffice

Chambers and Partners Features HSM Group in Global Legal Guide 2024

The HSM Group is pleased to be featured by Chambers & Partners in their 2024 Global Legal Guide. Our Intellectual property practice, HSM IP, has once again been ranked as a top tier law firm in their Global (Caribbean-Wide) Intellectual Read more +

19/01/2024 | hsmoffice

Legal Challenges and Potential Conflicts in Serving Both Insurance Companies and Insured Parties

In the myriad varieties of insurance claims, attorneys can find themselves walking a tightrope when representing both insurance companies and insured parties concurrently. While this dual representation often provides a practical and cost-effective solution, it introduces challenges that require meticulous 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.