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09/06/2026 | hsmoffice

Cayman Islands Immigration Update – June 2026: An Act of Unintended Consequences, New Work Permit Conditions and Statistics

When the Cayman Islands Government proposed changes to the Immigration Law, released last year, there was one change that stood out and that was the proposed changes to Section 64 of the Immigration (Transition) Act (2022 Revision). This was the Read more +

25/05/2026 | hsmoffice

Cayman Kind and Compassion: A Question for the Caymanian Status and Permanent Residency Board

Over the past 24 months, HSM Chambers have dealt with two cases involving individuals who obtained the Right to be Caymanian through marriage. In both cases, the Caymanian spouse subsequently passed away before three years had elapsed from the grant Read more +

15/04/2026 | hsmoffice

Cayman Immigration: Section 64 Update

In a press release dated 15 April 2026, the Ministry of Caymanian Employment and Immigration announced: ”The Immigration (Transition) (Amendment and Validation) Act, 2025 introduces updated rules for work permit holders changing jobs, effective 1 May 2026. Work permit holders Read more +

07/04/2026 | hsmoffice

HSM Tribute to Oscar DaCosta

It is with deep sadness that we mark the passing of our much‑loved colleague and friend, Oscar DaCosta, who died this weekend past following a courageous battle with brain cancer. Oscar obtained an LLB (Hons) Degree from the University of Read more +

Cayman Islands Grand Court Reviews Law Governing Applications to Strike Out

Alexander Davies, HSM litigation attorney, applied on behalf of a defendant to proceedings, Butterfield Bank (Cayman) Limited, to strike out the plaintiff’s claim for want of prosecution. The claim for damages flows from a personal injury sustained when the plaintiff tripped on stairs on her employer’s premises in 2014. Proceedings were protectively issued in 2017. Following a protracted history, including an interlocutory appeal to the Cayman Islands Court of Appeal heard in 2019, and several changes of attorneys by the plaintiff, the case had ground to a halt. The key issue had become the plaintiff’s claimed permanent disability due to chronic pain, and whether this was caused by the index injury. The defendant’s nominated expert in chronic pain, whom had examined the Plaintiff in 2018, was by January 2024 no longer available to give evidence due to having retired.

Giving judgment on the application, Hon. Asif J. K.C. found that the plaintiff had caused or contributed to inordinate and inexcusable delay in bringing her claim, which had resulted in genuine prejudice to the defendant, and the test for striking out the claim was therefore satisfied. Rather than striking out the entire claim, however, the learned Judge instead restricted the scope of the claim, debarring the plaintiff from pursuing a claim based upon the reported chronic pain and associated disability.

The judgment on 10 July 2024 provides a useful summary and review of the law pertaining to applications to strike out proceedings for want of prosecution in the Cayman Islands.