HSM is delighted to yet again be ranked by Benchmark Litigation Latin America 2021 where they have recognized HSM Managing Partner Huw Moses, HSM Partner Adam Crane, HSM Partner Sarah Allison and HSM Consultant William Helfrecht as ‘Litigation Stars’. In Read more +
HSM is pleased to announce the elevation of Adam Crane to Partner and Head of HSM’s Insolvency and Restructuring team, effective 1 June 2021. Adam focuses his practice on commercial litigation, insolvency and restructuring matters acting for insolvency practitioners, shareholders, Read more +
The HSM Group has welcomed Travis Ritch to their growing law practice. Travis has over 10 years of legal experience with a wide-range of skills in the practice areas of Litigation, Public and Administrative Law, Company, Insolvency, and Employment Law. Read more +
HSM participated in the Layman E. Scott Sr. High School Career Fair which was held on Friday, 19 March. This fair is organised by the Cayman Islands Further Education Centre (CIFEC) and helps to give students first-hand experience at applying 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.