HSM LAW
HSM in The Legal 500 Caribbean 2026 Rankings
The HSM Group was featured recently in the Legal 500 2026 Caribbean rankings. HSM Chambers, a full-service law firm, received rankings across multiple practice areas for their expertise in the Cayman Islands and are highlighted below with some of Legal Read more +
Keep Calm and Carry On – Proposed Changes to Cayman’s Immigration Act
With the publishing on Friday (17 October 2025) of the proposed new Immigration Bill, numerous clients have sought advice/reassurance that they will not be adversely affected by any proposed changes. Like with any change in legislation, there will be those Read more +
Cayman Islands Immigration Update – September 2025
Recently there have been a number of decisions by the Deputy Governor’s Office to deny individuals applications for Naturalisation. Those decisions have fallen into two distinct categories. Firstly, those applicants who are students outside of the Cayman Islands and are yet Read more +
HSM Articled Clerk, Merary Eden, Called to Cayman Islands Bar
Merary Eden successfully completed her articles at HSM and is now a qualified attorney having been called to the Cayman Islands Bar on 16 September 2025. Merary’s admission was moved by HSM Partner, Alastair David, who summarised her qualifications for Read more +
UK Privy Council Considers a Declaration of Incompatibility Regarding the Cayman Islands’ Immigration Act
On 3 February 2025, the Privy Council in London considered a Declaration of Incompatibility made by the Cayman Islands Court of Appeal in respect to Section 37 (3) of the Immigration (Transition) Act (2021 Revision).
This section of the Act is the one that grants or rejects an individual’s application for Permanent Residence in the Cayman Islands.
The Court of Appeal declared Section 37 (3) of the Immigration (Transition) Act (2021 Revision) incompatible with Section 9 of the Bill of Rights on the basis that there was no ability to consider an applicant’s constitutional rights and carry out a proportionality exercise in the award of Permanent Residence. It is this decision that is being appealed by the Attorney General of the Cayman Islands.
HSM Partner, Mr. Alastair David, originally highlighted the issue that the aforementioned Act is incompatible with the constitution namely Section 9 of the Bill of Rights, which provides rights to family life and/or private life to residents in the Cayman Islands.
This is as far as we are aware, the first time, the Privy Council have been asked to review a decision of the Cayman Islands Court of Appeal which relates solely to an Immigration matter arising in the Cayman Islands.
The Cayman Islands Permanent Residence system is a points based system, which awards Permanent Residence to those individuals who obtain 110 points or more upon a consideration of their application. There is not a separate human rights consideration or a proportionality consideration and in the event that an individual’s application is rejected and they have no other way of remaining in the Cayman Islands, they are expected to leave for at least a year.
The Privy Council were asked to consider various aspects of the Immigration system and the Permanent Residence system and in particular Section 53 (1)(b) of the Immigration (Transition) Act (2021 Revision) which the Cayman Islands Government says provides an alternative means to reside in the Cayman Islands. This alternative permits the Cabinet of the Cayman Islands to grant permissions to individuals to remain outside of the Work Permit regime, but there are very few policies or guidance in regards to this system, and in HSM’s experience an application of this nature can take up to a year to be considered.
Both the original Claimant’s, Mr. Buray and Mr. D’Souza, did not take part in the matter before the Privy Council, however HSM Chambers represented Miss Jones-Hunter who had been granted permission to act as an intervenor. Miss Jones-Hunter’s case was presented by Mr. Manjit Singh Gill KC of No 5 Chambers, who was instructed by HSM’s Mr. Alastair David.
The Attorney General of the Cayman Islands was represented by Tom Hickman KC and he led Will Bordell, both of whom are from Blackstone Chambers.
The judgment is expected in the next few months.