Cayman Law Reform Commission Mulls Legal Reforms

by Amanda Banks, for LawandTax-News.com, London

09 September 2005

Members of the newly established Cayman Islands Law Reform Commission have been holding talks with the Attorney General to discuss current legal issues in need of attention and to lay the groundwork for developing new areas in the Islands’ law.

“Cayman is among the world’s leading financial centres and it is therefore paramount that our laws and legal system should endeavour to remain contemporary," Attorney General Sam Bulgin told commissioners.

"Political and social stability, and a significant and modern communications and financial infrastructure mean nothing unless we have the necessary and relevant laws available to members of our legal profession so they can advise their clients properly,” he added.

Calling the commissioners ‘pioneers,’ Mr Bulgin explained that they will be responsible for developing new areas in the law, codifying unwritten laws and examining the underlying causes of dissatisfaction with any law or its administration.

“We (government) consider ourselves extremely fortunate that we have five practitioners of such eminence and stature agreeing to devote their time to this important task. In addition to their all-round experience as attorneys, they also boast individual expertise in particular areas, such as commercial, regulatory, insolvency and family law. Together they will not only study our laws, but keep them under constant review with the aim of systematic development and reform,” the Attorney General explained.

According to Commission Chairman Nigel Clifford, QC, the establishment of the Law Reform Commission is a “welcome development”.

Mr Clifford added that: “We will work closely with the Attorney General in promoting the development of new laws and reforming current ones. The commission represents a wide cross section within the legal profession. We are also able to draw on other expert knowledge, if needed, by establishing committees to deal with specific issues.”

Commissioner Eileen Nervik added that: “There is much work to be done in many areas of our laws, in particular, in the area of Family Law. Some of these laws were enacted almost 40 years ago without any major revision or reform. Our laws need to reflect that we live in the 21st century."

Administrative head and Senior Legislative Counsel of the commission Ms Cheryl Ann Neblett emphasised that the commission will not offer legal advice or intervene in individual cases, and stated that:

“The commission intends to establish its legislative programme over the next few months and we are actively recruiting staff. We hope to add the services of one more legislative counsel as well as a paralegal assistant before the end of the year.”

Ms Neblett invited the public to contact her or any of the commissioners with suggestions about areas of law that they think need to be changed or just simplified.

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