With effect from 8 January 2021, the Honourable Chief Justice via Practice Direction 11 of 2020 (“PD”) implemented an electronic filing and service platform (the “Platform”) pursuant to Order 1, rule 12(1) of the Grand Court Rules 1995 (Revised) (the Read more +
Lexology’s Getting The Deal Through guides are a trusted resource and allows professionals to directly compare laws and regulations between jurisdictions. HSM is pleased to have contributed to their Insolvency Litigation 2021 publication and provided insight into the Cayman Islands Read more +
HSM’s newest lawyer Stephanie Mills became a qualified attorney-at-law in the Cayman Islands on 17 November. Stephanie’s admission was moved by HSM Partner, Sarah Allison, who summarised her qualifications for Justice Richard Williams. During her admission, Stephanie expressed her gratitude Read more +
Employers in the Cayman Islands are faced with a new challenge: how do we keep our doors open and our staff safe? In an effort to achieve this, some employers have been asking staff to disclose whether or not they Read more +
Cayman Courts Modernize with Electronic Filing and Service Platform
With effect from 8 January 2021, the Honourable Chief Justice via Practice Direction 11 of 2020 (“PD”) implemented an electronic filing and service platform (the “Platform”) pursuant to Order 1, rule 12(1) of the Grand Court Rules 1995 (Revised) (the “GCR”).
The Platform enables parties to issue proceedings and file Court documents electronically by uploading the same to the Platform, departing from the traditional practice of physically filing hard-copy documents at Court and the temporary post-COVID-19 practice of emailing the same to the registry. According to the PD, the objective of the Platform is to “improve access to justice by increasing efficiencies, timeliness and reducing costs.”
Until recently, use of the Platform was limited to all new matters commenced in the Financial Services Division of the Grand Court issued on or after the commencement date of the PD. However, use of the Platform has been extended to all divisions of the Civil Registry (in both Summary and Grand Court) and it is anticipated that the Platform will be extended to the Criminal Registry in the near future.
In order to file documents using the Platform, a party must register an account via the Judicial Administration website www.judicial.ky and click onto the e-filing Platform.
The effect of this PD impacts the manner in which parties interact with the Court and by extension each other. Subject to the GCR requirements for personal service of documents in the first instance, in addition to the methods of substituted service set out in GCR Order 65, the PD permits the electronic service of documents via e-mail and SMS or text message. A party is deemed to consent to electronic service by, inter alia, registering an account on the Platform and the email address provided during registration shall be presumed valid unless the party files and services a notice indicating otherwise. Similarly, the Court may also serve any notice, order or Judgment on a party to a case via electronic service.
The implementation of the electronic filing system in the jurisdiction presents a most welcome modernization to the procedures, in line with other jurisdictions around the world, which will hopefully bring material benefits to litigations in the long-term.