The Grand Court of the Cayman Islands (the "Grand Court") has implemented a number of pro-active practical steps and practice directions that are aimed to ensure continuity of its operations in response to the Covid-19 pandemic (read our earlier advisory dated 3 April 2020 on court availability in BVI, Bermuda and the Cayman Islands).

These are largely in response to the Cayman Islands Government putting into force the Public Health (Prevention, Control and Suppression of COVID-19) Regulations 2020, which set out various restrictions on movement and permitted activities for the public and businesses alike for the time being.

One of the main practice directions to take effect as a result of the Covid-19 pandemic is Practice Direction No 5 of 2020 concerning "The Use of E-mails for Filing and Electronic Signatures, Court Seals and Stamps" ("PD 5/20"), which was gazetted on 9 April 2020. The primary purpose of PD 5/20 is to provide a temporary means of receiving and processing certain court documents which must be authenticated by a signature, seal or stamp. This is achieved through the use of specialist software run on a dedicated on-site server at the Grand Court.

The Grand Court also confirmed in a press release dated 28 March 2020 that updated practice directions on video-link proceedings will be issued shortly.

Court administration

Whilst the physical office of the Grand Court is currently closed to the public, it has been designated as an essential service, which means that it remains staffed notwithstanding the general restrictions on movement and activity that are currently in place.

All divisions of the Grand Court have established telephone and email helpdesks to allow court users to maintain contact on a daily basis. Parties also have the ability to make payments to the Grand Court online. New cases are able to be opened on the basis of electronic filings, with the undertaking that parties will provide the originals once the restrictions regarding the Covid-19 crisis have been lifted.

Service of documents

The Grand Court does not ordinarily take any direct role in the service of documents, which is a matter for the parties to litigation. However, the vast majority of businesses, including registered office providers, have been required to close their physical offices, which naturally poses challenges in effecting the personal service of documents. We anticipate that in the present circumstances, given the impossibility of physical service, the Grand Court will be amenable to making orders permitting substituted service of electronic copies by email.

Pursuant to paragraph 6 of PD 5/20, proof of service of an authenticated copy of a pleading may be evidenced in the first instance in the form of an affidavit filed electronically.

Deadlines

Procedural and substantive deadlines (including limitation periods) are not directly affected by the Covid-19 crisis, although parties remain at liberty to either agree extensions or tolling periods between themselves, or where necessary, apply to the Grand Court. Whilst it seems likely that the Grand Court will be receptive to applications for extensions to procedural deadlines, since claims remain capable of being filed and any pending limitation period will have been known for a number of years already, attempts to extend time solely on the basis of the Covid-19 crisis may well be challenging.

If parties are subject to an obligation to make a payment into court on a specified date, the Grand Court has advised to allow no less than 2 days for processing the payment online.

Effect on court hearings

All divisions of the Grand Court remain in full operation notwithstanding the Covid-19 crisis, albeit through telephone, email or utilising other technological means. Given the greater demand on the Grand Court's technological and administrative resources, it may be that matters proceed at a slightly slower rate than usual during this period.

Although in person hearings have not been prohibited per se, civil hearings are currently proceeding exclusively by way of video-link. The Grand Court has indicated that it expects applications for urgent relief to be conducted in a similar manner. The practice of conducting hearings by way of video-link is particularly well established in the Financial Services Division (FSD) of the Grand Court where judges frequently preside over interlocutory proceedings from the UK and other places. In the present circumstances, the necessary permissions have also been given to permit judges to preside over trials and appeals by way of video-link.

As a result of the prevailing travel restrictions, the Court of Appeal will not be travelling to preside in the Cayman Islands for the upcoming April/ May 2020 session. However, video-link arrangements are being made to allow the Court to be convened with the President and Justices presiding from the UK. The List of appeals to be taken will likely be reduced accordingly in order to accommodate this arrangement.

Subject to the directions of the judge in each case, the use of electronic bundles is especially encouraged at this time to reduce the need for photocopying and circumstances for the transmission of Covid-19.

Urgent cases

Even where a case is urgent, it should still be possible for arrangements to be made for it to be conducted remotely. Any pressing issues (such as injunctions or freezing orders) to be determined will otherwise be dealt with by the Grand Court promptly in the usual way.

Enforcement

Since the Grand Court is operating, there should be no issue in obtaining orders for enforcement, or in aid of enforcement, especially if the enforcement measures in question entail certain administrative steps being taken. It remains to be seen how enforcement measures which involve physical steps, such as the appointment of a bailiff or physical possession of a property (which would in any event be unusual in the Cayman Islands), will be affected by the Covid-19 crisis due to the potential practical difficulties in putting those steps into effect.

Court searches

Whilst physical court searches have been suspended until further notice, the Grand Court continues to upload and publish new originating actions onto its electronic platform daily pursuant to paragraph 10 of PD 5/20.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.