12 November 2015

Cayman Islands’ appeal to Privy Council on Judge alone trials

Cayman Islands’ appeal to Privy Council on Judge alone trials

David Perry QC and Alistair Richardson were instructed on behalf of the Appellant to appeal a decision of the Court of Appeal of the Cayman Islands to the Judicial Committee of the Privy Council. The appeal concerned the obligations on a trial Judge sitting alone and the circumstances in which the Court of Appeal is entitled to disturb the findings of the trial Judge.

The Privy Council allowed the appeal, concluding that the Court of Appeal had erred in law. It was found that the Court of Appeal had imposed an unduly onerous burden on trial Judges, and misunderstood the findings of the Judge at first instance. The criticisms the Court of Appeal made of the trial Judge were misplaced.

The full judgment can be found here.