The Cayman Island’s Court of Appeal handed down Judgment in the conjoined appeal JS v KR; YY v RD on Tuesday. Richard Todd KC and Kate McClymont of Nelsons Legal represented the successful appellant in KS v KR while Phillip Blatchly and Lynne McDonagh KSG Attorneys-at-Law acted for the successful appellant in YY v RD.
The two appeals were conjoined to determine the preliminary issue of whether appeals of ancillary relief orders from the Grand Court to the Court of Appeal are subject to a leave requirement.
In the Cayman Islands, there are two statutory routes of appeal in family proceedings, which create various anomalies and restrictions. The appeal involved intricate arguments on statutory construction, whether previous decisions were decided per incuriam, and the exceptional circumstances in which the Court of Appeal is not bound by its own earlier decisions.
