A Quick Guide To Judicial Review In The Cayman Islands

What is judicial review?

Judicial review allows applicants with sufficient interest in a decision or action by a public body to ask the Grand Court (the Court) to review the lawfulness of:

rules and regulations, or other subordinate legislation; or a decision, action or failure to act in relation to the exercise of a public function. Judicial review is a remedy of last resort. It may be used where there is no right of appeal or where all avenues of appeal have been exhausted. Alternative dispute resolution (ADR) must always be considered and an applicant issuing judicial review prematurely without having explored ADR may be liable in costs.

Which decisions can be judicially reviewed?

Decisions of public bodies and other bodies exercising public law functions may be challenged.

There are a number of reported cases in the Cayman Islands dealing with an array of applications concerning many types of public function, such as: immigration, human resource management, development and resource consent, financial services regulators, licensing, education, and political and constitutional matters.

Who can make a judicial review claim?

The overriding rule governing the standing of an applicant to apply for judicial review is that, in order to have standing to progress an application, the Court must consider that the applicant has sufficient interest in the matter to which the application relates.

On what grounds can a claim be made?

The grounds are constantly evolving, but can be generally categorised under four heads:

Illegality: arises where the decision maker misdirects itself in law, exercises a power wrongly or acts beyond its powers (ultra vires) Irrationality: arises where the decision maker took into account irrelevant considerations or failed to take relevant considerations into account or where no reasonable decision maker could have come to that decision Procedural impropriety: arises where the decision maker did not adhere to established procedures or failed to adhere to principles of natural justice Proportionality1: may arise where the decision was not proportionate What is the procedure for making a judicial review claim?

The procedure relating to judicial review in the Cayman Islands is set out in GCR Order 53 (Order 53) and is materially supplemented by Practice Direction No 4 of 2013 entitled Pre-Action Protocol for Judicial Review (the Protocol).

The Protocol applies to all proceedings in the Cayman Islands, but does not affect the...