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Family Division – Application to vary consent ancillary relief order – periodical payments for children – Court’s duty when approving consent order – Judge has a wide discretion to make appropriate order for benefit of children – need not be exclusively for their benefit – may order child maintenance to be paid by the father comprising mother’s child-related expenses and her other expenses of providing suitable home for them when they are home from from boarding school.
The inability to impose interest on damages awarded under the Labour Law- The jurisdiction of the Grand Court to award costs in relation to appeals under the Labour Law- The circumspection of the Court in awarding indemnity costs to a successful party.
CIVIL APPEAL CAUSE NO. 20 OF 2018 (FORMERLY G 93 OF 2016)
Plaintiff applies for leave to appeal to the Judicial Committee of the Privy Council against the judgment of this Court. The application raises an issue as to the interpretation of section 4 of the Cayman Islands (Appeals to Privy Council) Order 1984 (” the 1984 Order”). The issue raised relates to the time limit of twenty-one days.
CRIMINAL APPEAL CAUSE NO. 12 OF 2019 IND 101 OF 2017 SC# 6603 OF 2017
Matrimonial proceedings- Judgments- Barrell jurisdiction – Court’s discretion to review decisions before order perfected- has the right of pre-emption been triggered?- appointment of single joint expert – appointment of company director- further orders concerning the management, distribution and monetisation of matrimonial assets.
Costs of contested application to remove executor-entitlement of removed executor to be indemnified for her costs- relevance of ‘Calderbank’ letters- appropriate basis for taxation of costs- Grand Rules Order 22 rule 14 and Order 62 rules 4(2), (5), (11) and 6(2)
CRIMINAL APPEAL NO. 11 OF 2019 IND#028/2018 SC#0947/2018
Winding up petition – disputed debt- costs-principles – Order 62 rule 4 (11) – s.24 (1) Judicature Law (2017 revision) – CWR (2018 Revision) – Ord 1 rule 2(4)- indemnity costs – unreasonable conduct- petitions presented in Hong Kong and Cayman Islands – abuse of insolvency procedure for debts – abuse of procedure where petition disputed – discretion
Children Law (2012 revision) – Mother’s application for leave to appeal an order that Father be granted Residence – Mother’s application for stay of execution of the Order pending appeal- Principles involved in appeals relating to children orders where their welfare is paramount- test for granting leave to appeal – Principles involved in applications for stay of execution of orders made in private children law proceedings- Guidance of the Court of Appeal in KN v MN CICA No 14 of 2015
Criminal Law- Extradition – Appellant’s Application for Costs following successful appeal of Order For Extradition – s.134 of the Extradition Act 2003 (Overseas Territories) Order 2016- Whether Appellant should recover full actual costs- Whether the Court has the power to award the Governor Costs.
LEGAL AID NO. LACV 185/19 (CAUSE #G0159/19) & LEGAL AID NO. LACV 194/19 (CAUSE #G0160/19)
Legal Aid Law (2015 Revision) – Sections 4, 5 and 38- Sections 3, 4(6) and 5 of the Law. Concerned Citizens Group Legal Aid Director’s decision to refuse a certificate for legal aid for civil proceedings- The civil proceedings challenges the decision of the Central Planning Authority which grants developers planning permission. Developers wishes to move four public beach access points.
Reasons for decision – Freezing Order and Receivership Order obtained following ex parte on notice hearing – Defendant expressly granted leave to apply for expedited discharge prior to full inter partes hearing-application for discharge on grounds of material non-disclosure – jurisdiction of Court to summarily discharge Order prior to full inter partes hearing-relief sought in aid of New York proceedings-Grand Court Law (2015 Revision) section 11A
Family Division judgment Part 1 of 2 – Children Law (2012 Revision) – Father’s application to vary residence order- Mother’s application to vary contact order – allegations made by mother of father sexually abusing child, fact finding and burden of proof – human rights considerations and s.10 Children Law applications – A child’s welfare is the paramount consideration in the determination of residence and contact applications.
Family Division judgment part 2 of 2 – Children Law (2012 Revision) – Father’s application to vary residence order- Mother’s application to vary contact order – allegations made by mother of father sexually abusing child, fact finding and burden of proof – human rights considerations and s.10 Children Law applications – A child’s welfare is the paramount consideration in the determination of residence and contact applications.
Reasons for decision – Exempted limited partnership – removal of General Partner by unanimous resolutions of the Limited Partners – General Partner required by the ELP Law to file statement of its removal with the Registrar – refusal to file statement- petition to Court to appoint another suitable person to file statement in order to effect dissolution of partnership- whether Petition should be adjourned to allow for a stay application in deference to arbitrial proceedings in Singapore between General Partner and one but not all Limited Partners – relief sought in the Petition available only by exercise of the exclusive jurisdiction of the Grand Court – relief not available by arbitration and not the subject of arbitration – whether adjournment justified.