Legal Services (Amendment of section 24(5)) Order, 2026 (SL 32 of 2026)
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Legal Services Act, 2020 LEGAL SERVICES (AMENDMENT OF SECTION 24(5)) ORDER, 2026
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Legal Services Act, 2020 LEGAL SERVICES (AMENDMENT OF SECTION 24(5)) ORDER, 2026 In exercise of the powers conferred by sections 24(6) and 101 of the Legal Services Act, 2020, the Cabinet makes the following Order — Citation and commencement (1) This Order may be cited as the Legal Services (Amendment of section 24(5)) Order, 2026. (2) This Order is deemed to have come into force on 1st January, 2026. Amendment of section 24(5) of the Act The Legal Services Act, 2020 is amended in section 24(5) as follows — (a) by deleting the words “is not to be taken as practising” and substituting the words “does not practise”; (b) by repealing paragraph (c) and substituting the following paragraph — “(c) as a director, owner, operator, employee or agent of a legal person, acts on behalf of that legal person (or other entities that are part of the same group of entities as that legal person), whether in relation to a document, an instrument, a proceeding or otherwise, if such person does not hold himself or herself out as qualified to practise Cayman Islands law;”;
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in paragraph (d), by inserting after the word “contain” the word “express”; (d) by repealing paragraph (f) and substituting the following paragraph — “(f) as a person licensed or registered under a regulatory law, as defined in the Monetary Authority Act (2020 Revision), carries out a licensed or regulated activity, or is a person (other than an attorney-at-law) who provides support, administrative assistance, or other assistance for carrying out such a licensed or regulated activity or matters reasonably ancillary to the licensed or regulated activity;”; (e) by repealing paragraph (g) and substituting the following paragraph — “(g) is acting in relation to an arbitration (whether seated in the Islands or not) but does not prepare expert evidence for, or give expert evidence in an arbitration proceeding;”; (f) by repealing paragraph (h) and substituting the following paragraph — “(h) being a person (who is not holding himself or herself out as qualified to practise Cayman Islands law and who is not giving legal advice as to Cayman Islands law) practising the law of another jurisdiction, assists in the creation of a document or instrument governed by Cayman Islands law;”; (g) in paragraph (i), by inserting after the word “obtain” the words “, or prepare”; (h) by repealing paragraph (j) and substituting the following paragraph — “(j) being a person practising law in another jurisdiction, is instructed by a law firm or an affiliate to assist that law firm or its affiliate in the preparation of a document or in the review of documents, in connection with proceedings in a court, tribunal or inquiry in the Islands, where the law firm or its affiliate retains overall responsibility for the conduct of proceedings;”; and (i) by repealing paragraph (k)and substituting the following paragraphs — “(k) being a King’s Counsel, or equivalent and practising as such in any court of a jurisdiction referred to in section 32(3), and is instructed by a law firm or an affiliate, provides advice as to Cayman Islands law or prepares or reviews a document in connection with proceedings in a court, tribunal or inquiry in the Islands; provides support or clerical or administrative assistance, conducts research, prepares or reviews documents or provides other incidental support, including assistance falling within the definition of “legal services” under section 2, under the
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supervision and direction of a law firm or an affiliate of a law firm, if such person does not hold himself or herself as qualified to practise Cayman Islands law and does not independently provide any other legal services; (m) is not legally resident or ordinarily resident in the Islands, but is present in the Islands and provides legal services or practises in or from within the Islands the law of another jurisdiction; (n) acts in relation to proceedings before the Judicial Committee of the Privy Council and, if such a person acts on behalf of a party, the law firm or an affiliate retains overall responsibility for the conduct of the proceedings; (o) conducts proceedings in another jurisdiction which includes or involves a question of Cayman Islands law; (p) has been granted admission pursuant to an application made under section 34(1) or 35(1), but the Council has not made a determination on issuing a practising certificate under section 50(1), where the applicant has made, or intends to make, an application for a practising certificate; or (q) being a self-employed barrister other than a King’s Counsel, or equivalent, and practising as such in any court of a jurisdiction referred to in section 32(3), is instructed by a law firm or an affiliate to assist the law firm or affiliate to provide advice on Cayman Islands law or the preparation or review of a document where the law firm or affiliate retains overall responsibility for conduct of any matter, except that this provision shall not permit attendance or appearance in a court, tribunal, or inquiry hearing in the Islands without the person having been granted the relevant permission pursuant to an application made under section 35(1).”. Made in Cabinet the 29th day of June, 2026. Jana Pouchie-Bush Acting Clerk of the Cabinet