UK Enacts Judicial Committee (Cayman Islands) Order 2025
Introduction
On February 6, 2025, the United Kingdom (UK) enacted the Judicial Committee (Cayman Islands) Order 2025. This Order in Council modifies the structure and jurisdiction of the Judicial Committee of the Privy Council in relation to the Cayman Islands.
Background
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for a number of Commonwealth countries, including the Cayman Islands. However, in recent years, there have been calls for the Cayman Islands to establish its own independent court of final appeal.
Key Provisions of the Order
The Judicial Committee (Cayman Islands) Order 2025 addresses these concerns by:
- Establishing the Grand Court of the Cayman Islands as the final court of appeal within the territory.
- Abolishing the JCPC’s appellate jurisdiction over the Cayman Islands.
- Allowing for appeals to the JCPC in certain circumstances, including:
- Cases involving constitutional issues
- Cases involving substantial questions of public importance
- Cases where the Grand Court certifies that a decision is of exceptional public importance
Transitional Provisions
The Order includes transitional provisions to ensure a smooth transition to the new arrangements. Appeals pending before the JCPC on the date the Order comes into force will continue to be heard by the JCPC.
Significance
The Judicial Committee (Cayman Islands) Order 2025 is a significant development in the legal landscape of the Cayman Islands. It represents a step towards greater judicial independence for the territory and reduces the workload of the JCPC.
Additional Information
- The Order came into force on February 6, 2025.
- The Grand Court of the Cayman Islands is expected to assume its appellate jurisdiction in the second half of 2025.
- The Government of the Cayman Islands has welcomed the Order as a positive step in the territory’s legal development.
- Some legal commentators have expressed concerns about the potential impact of the Order on the consistency of judicial decisions in the Commonwealth.
The Judicial Committee (Cayman Islands) Order 2025
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