The Grand Court (Amendment No. 2) Rules 2008

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The Grand Court (Amendment No. 2) Rules 2008

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GRAND COURT LAW (2008 REVISION)

THE GRAND COURT (AMENDMENT No. 2) RULES 2008

These Rules are made by the Rules Committee pursuant to Section 19(3) of the Grand Court Law (2008 Revision).

Citation, Commencement and Interpretation.

(1) These Rules shall be cited as the Grand Court (Amendment No. 2) Rules 2008.

(2) These Rules shall come into operation on the 1st day of March 2009 referred to in this rule as the "Commencement Date".

(3) These rules shall apply to every proceeding which is pending or commenced in the Court on or after the Commencement Date.

(4) Words and expressions in these Rules which are also used in the Grand Court Rules 1995 (Revised Edition) shall have the same meaning in these Rules as in the Grand Court Rules 1995.

Revocation and Replacement of Orders 1 and 102

(1) GCR Order 1 is hereby revoked and replaced by the Order contained in the Schedule hereto.

(2) GCR Order 102 is hereby revoked and replaced by the Order contained in the Schedule hereto.

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The Honourable Anthony Smellie QC, Chief Justice The Honourable Sam Bulgin QC, Attorney General Andrew J Jones QC, Legal Practitioner

Graham Ritchie QC, Legal Practitioner

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ORDER 1

CITATION, APPLICATION, COMMENCEMENT, INTERPRETATION AND FORMS

Citation (O.1, r.1)

(1) These Rules may be cited as the Grand Court Rules, 1995.

(2) An individual rule may be cited using the abbreviation "GCR".

Application (O.1, r.2)

(1) Subject to the following provisions of this rule, these Rules shall apply in relation to all proceedings in the Court.

(2) Except for Part I of Order 52 (Committal), Order 53 (Applications for Judicial Review), Part III of Order 62 (Wasted Costs Orders) and Order 103 (Confidential Relationships (Preservation) Law (1995 Revision)), these Rules shall not apply to any criminal proceedings.

(3) These Rules shall not apply to any application or proceedings governed by Parts I to III of the Succession Law (Probate and Administration) Rules 1977, as amended.

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(c) governed by the Companies Winding Up Rules 2008; or

(d) on appeal from civil proceedings in the Summary Court.

(5) Notwithstanding the provisions of paragraphs (2) to (5) of this rule - (a) Order 38 shall apply to every civil proceeding except -(i) a proceeding under the Companies Winding Up Rules, 2008; and

(ii) any appeal from civil proceedings in the Summary Court;

(b) every affidavit or other document filed in the Court office shall comply with the requirements of Orders 41 and 66;

(c) every judgment and order made by the Court shall comply with the requirements of Order 42;

(d) except in the case of petitions in proceedings governed by the Matrimonial Causes Rules (2003 Revision), every originating process or other document required to be served by these Rules or any other rules in connection with any civil proceedings shall be served in accordance with Orders 10 and 65;

(e) Part I of Order 80 shall apply to every proceeding to which a person under disability is a party; and

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(6) All funds required to be paid into or out of Court, whether by order of the Court of Appeal, the Court, the Summary Court or otherwise, in both criminal and civil proceedings, shall be lodged, paid, invested and dealt with in accordance with the provisions or Order 92.

Commencement and transitional provisions (O.1, r.3)

(1) These Rules shall come into operation on the 1st day of June, 1995, referred to in this Order as the "commencement date".

(2) These Rules shall apply to -(a) every proceeding commenced on or after the commencement date; and

(b) every step taken or required to be taken after the commencement date in any proceeding pending on that date.

(3) No step taken or required to be taken before the commencement date shall be treated as a non-compliance with these Rules provided that it complied with the rules then in force.

(4) Order 6, rule 8 shall have no application to writs issued prior to the commencement date.

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(c) the Grand Court (Forms and Miscellaneous) Rules 1976;

(d) the Civil Evidence Rules 1978;

(e) the Grand Court (Proceedings by and against the Crown) Rules 1977;

(f) Part IV of the Succession Law (Probate and Administration) Rules 1977, as amended;

(g) the Grand Court (Applications for Orders of Mandamus, Prohibition, Certiorari and Habeas Corpus) Rules 1977;

(h) the Grand Court (Foreign Process) Rules 1977; and

(i) the Grand Court (Foreign Judgments) (Reciprocal Enforcement) Rules 1977.

Non application of English rules (O.1, r.5)

(1) Except as provided in Order 75, r.2, the Rules of the Supreme Court 1965 shall cease to have any application to -

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(2) Notwithstanding paragraph (1), The Supreme Court Practice may be relied upon where appropriate as an aid to the interpretation and application of these Rules.

Application of Interpretation Law (1995 Revision) (O.1, r.6)

The Interpretation Law (1995 Revision) shall apply to the interpretation of these Rules as it applies to the interpretation of a Law.

Definitions (O.1, r.7)

(1) In these Rules, unless the context otherwise requires -

"Accountant General" means the Accountant General of the Grand Court appointed under paragraph 1 of the First Schedule of the Judicature Law or an officer appointed by him under Order 92, rule 6;

"an action for personal injuries" means an action in which there is a claim for damages in respect of personal injuries to the plaintiff or any other person or in respect of a person's death, and "personal injuries" includes any disease and any impairment of a person's physical or mental condition;

"attorney" means a person admitted or otherwise entitled to practise as an attorney-at-law in the Cayman Islands either generally or in respect of a particular cause or matter and includes Crown Counsel;

"Bailiff" means the person appointed as such under Section 7(1) of the Grand Court Law (1995 Revision), and includes any assistant bailiffs;

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"the Court" means the Grand Court of the Cayman Islands constituted pursuant to Section 3 of the Grand Court Law (1995 Revision) whether sitting as the Grand Court or as the Chief Court of Bankruptcy or as a Colonial Court of Admiralty;

"Court Funds Office" means the office of the Accountant General or of an officer appointed by him under Order 92, rule 6;

"Court office" is the office established pursuant to Section 10 of the Grand Court Law (1995 Revision), as amended;

"Court file" means the file established in respect of every proceeding in accordance with Order 63, rule 2;

"Grand Court Law" means the Grand Court Law (1995 Revision) as amended from time to time;

"The Judicature Law" means The Judicature Law (1995 Revision), as amended from time to time;

"Judge" means any judge or acting judge of the Court;

"notice of intention to defend" means an acknowledgment of service containing a statement to the effect that the person by whom or on whose behalf it is signed intends to contest the proceedings to which the acknowledgment relates;

"originating summons" means every summons other than a summons in a pending cause or matter;

"pleading" does not include a petition, summons or preliminary act;

"prescribed fee" means the fee prescribed by the Grand Court Fees Rules 1999;

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"receiver" includes a manager;

"Register of Judgments" means the file maintained in accordance with Order 63, rule 7;

"Register of Writs" means the file maintained in accordance with Order 63, rule 8;

"State Immunity Act 1978" means the United Kingdom State Immunity Act 1978 as applied to the Cayman Islands by the State Immunity (Overseas Territories) Order 1979 (SI 1979/458);

"writ" means a writ of summons.

(2) In these Rules, unless the context otherwise requires, "the Court" means the Grand Court or any one or more Judges thereof, whether sitting in open Court or in chambers.

(3) In these Rules, unless the context otherwise requires, a reference to acknowledging service of a document or giving notice of intention to defend any proceedings is a reference to lodging in the Court office an acknowledgment of service of that document or, as the case may be, a notice to defend those proceedings.

Construction of references to orders, rules, etc. (O.1, r.8)

(1) Unless the context otherwise requires, any reference in these Rules to a specified Order, rule or Appendix is a reference to that Order or rule of, or Appendix to, these Rules and any reference to a specified rule, paragraph or subparagraph is a reference to that rule of the Order, that paragraph of the rule, or that subparagraph of the

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(3) Except where the context otherwise requires, any reference in these Rules to any Law shall be construed as a reference to the Law as amended, extended or applied by or under any other Law.

Construction of references to action, etc. for possession of land (O.1, r.9)

Except where the context otherwise requires, references in these Rules to an action or claim for the possession of land shall be construed as including references to proceedings against the Crown for an order declaring that the plaintiff is entitled as against the Crown to the land or to the possession thereof.

Prescribed forms (O.1, r.10)

The forms in the Appendices shall be used where applicable with such variations as the circumstances of the particular case requires.

Use of English Practice Forms as precedents (O.1, r.11)

. The Queens Bench and Chancery Masters' Practice Forms contained in Part 2 of The

Supreme Court Practice, as may be hereafter amended from time to time, are not incorporated in these Rules, but they shall be regarded as approved precedents to be used, with all necessary and appropriate variations, whenever possible.

Practice directions (O.1, r.12)

(1) The Chief Justice may issue practice directions for the purpose of -

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(c) providing...

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