{"kind":"expression","expression":{"expr_id":"2249","doc_id":"2249","label":"Judicature (Amendment) Bill, 2020","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/bill\/2020\/50\/eng@2020-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/bill\/2020\/50\", \"expression\": \"\/akn\/ky\/bill\/2020\/50\/eng@2020-01-01\", \"manifestation\": \"\/akn\/ky\/bill\/2020\/50\/eng@2020-01-01.pdf\"}, \"pdf\": {\"md5\": \"ecfb41549800584ecd231407ba353694\", \"path\": \"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0050\/2020-0050.pdf\", \"pages\": 9, \"filename\": \"2020-0050.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 1771, \"paragraph_count\": 4, \"text_char_count\": 11058}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-07-18\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": null, \"doc\": null, \"bill\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"A BILL FOR A LAW TO AMEND THE JUDICATURE LAW (2017 REVISION) TO PROVIDE FOR THE EXERCISE OF THE COURT\u2019S JURISDICTION TO GRANT PROTECTIVE COSTS ORDERS IN JUDICIAL REVIEW PROCEEDINGS AND CONSTITUTIONAL PROCEEDINGS; AND FOR INCIDENTAL AND CONNECTED PURPOSES Introduced PUBLISHING DETAILS Sponsoring Ministry\/Portfolio: Portfolio of Legal Affairs (PLA) Objects and Reasons Introduced Memorandum of OBJECTS AND REASONS This Bill seeks to amend the Judicature Law (2017 Revision) (the \u201cprincipal Law\u201d) to provide for the exercise of the jurisdiction of the court to grant protective costs orders in judicial review proceedings and constitutional proceedings. The Bill also provides for incidental and connected purposes. Clause 1 provides for the short title. Clause 2 amends section 24 of the principal Law to provide for the power of the court to make a protective costs order in judicial review proceedings and constitutional proceedings. A protective costs order is an order which will limit or remove an applicant\u2019s liability to pay another party\u2019s costs in the Grand Court or the Court of Appeal, and may only be made after leave to apply for judicial review has been granted or by way of constitutional proceedings. In the United Kingdom, protective costs orders are made in public interest litigation undertaken by way of judicial review proceedings. In the Cayman Islands context, however, unlike the United Kingdom, there is a written constitutional Bill of Rights. Challenges for the infringement of the rights contained in the Bill of Rights may be brought pursuant to section 26(1) of the Constitution. Further, other proceedings unrelated to the Bill of Rights may be brought in relation to the Constitution. To the extent that any of these constitutional proceedings raise matters of public interest, it is proposed that the availability of protective costs orders be extended to them. Clause 3 inserts new sections 24A, 24B and 24C in the principal Law, which set out the terms of protective costs orders, the procedure for their application and grant, and matters for consideration by the court. Clause 1 Introduced A BILL FOR A LAW TO AMEND THE JUDICATURE LAW (2017 REVISION) TO PROVIDE FOR THE EXERCISE OF THE COURT\u2019S JURISDICTION TO GRANT PROTECTIVE COSTS ORDERS IN JUDICIAL REVIEW PROCEEDINGS AND CONSTITUTIONAL PROCEEDINGS; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Judicature (Amendment) Law, 2020.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of section 24 of the Judicature Law (2017 Revision) - costs 2. The Judicature Law (2017 Revision) is amended in section 24 as follows \u2014 (a) by repealing subsection (2) and substituting the following subsection \u2014 \u201c(2) Without prejudice to any general power to make rules of court, such rules may provide for regulating matters relating to the costs of civil proceedings referred to in subsection (1), including, in particular \u2014 (a) the entitlement to costs; (b) the taxation of costs; (c) the powers of taxing officers; (d) the powers of judges to review decisions of taxing officers; and (e) the powers of the court (as defined in section 24A(4)) to make protective costs orders in judicial review proceedings and constitutional proceedings.\u201d; and Clause 3 Introduced (b) in subsection (7), by inserting after the definition of the word \u201cprescribed\u201d, the following definition \u2014 \u201c \u201cprotective costs order\u201d is an order limiting or removing the liability of a party to judicial review proceedings or to constitutional proceedings, to pay another party\u2019s costs in connection with any stage of the proceedings;\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Insertion of sections 24A, 24B and 24C in the Judicature Law (2017 Revision) - protective costs orders in judicial review proceedings and constitutional proceedings; protective costs orders - procedure for application and grant; protective costs orders - matters for consideration by the court 3. The Judicature Law (2017 Revision) is amended by inserting after section 24 the following sections \u2014 \u201cProtective costs orders in judicial review proceedings and constitutional proceedings 24A. (1) Without prejudice to the generality of section 24(3), the power of the court to determine by whom and to what extent protective costs orders are made in judicial review proceedings and constitutional proceedings, is set out in this section, and in sections 24B and 24C. (2) The court may make a protective costs order only if leave to apply for judicial review has been granted, or by way of constitutional proceedings. (3) The court may make a protective costs order on an application for such an order made by the applicant by way of judicial review proceedings or constitutional proceedings, in accordance with rules of court if the grant of the order would be fair and just in the circumstances. (4) In this section and sections 24B and 24C \u2014 \u201cBill of Rights\u201d means Part 1 of the Constitution; \u201cConstitution\u201d means the Constitution set out in Schedule 2 to the Cayman Islands Constitution Orders 2009 to 2016; \u201cconstitutional proceedings\u201d means any application to the court brought under or in respect of, or in relation to, the Constitution, including, but not limited to, those brought under section 26(1) of the Constitution in relation to the Bill of Rights and in accordance with Order 77A, rule 4 of the Grand Court Rules, 1995 (Revised Version); \u201ccourt\u201d means the Grand Court or the Court of Appeal; Clause 3 Introduced \u201cprotective costs order\u201d has the meaning given in section 24(7); and \u201cjudicial review proceedings\u201d means \u2014 (a) proceedings on an application for leave to apply for judicial review; (b) proceedings on an application for judicial review; (c) any proceedings on an application for leave to appeal from a decision in proceedings described in paragraph (a) or (b); or (d) proceedings on an appeal from a decision referred to in paragraph (c), and the proceedings described in paragraphs (a) to (d) are \u201cstages\u201d of judicial review proceedings. (5) For the purposes of this section, section 24B, and section 24C, in relation to judicial review proceedings \u2014 (a) the applicant for judicial review is the person who is or was the applicant in the proceedings on the application for judicial review; and (b) references to relief being granted to the applicant for judicial review include the upholding on appeal of a decision to grant such relief at an earlier stage of the proceedings. Protective costs orders - procedure for application and grant 24B. (1) A protective costs order may be made in connection with judicial review proceedings in accordance with sections 24A, 24B, and 24C, or in connection with constitutional proceedings. (2) Rules of court may, in particular, specify information that shall be contained in the application for grant of a protective costs order, including \u2014 (a) information about the source, nature and extent of financial resources available, or likely to be available, to the applicant, to meet liabilities arising in connection with the application; and (b) if the applicant is a body corporate that is unable to demonstrate that it is likely to have financial resources available to meet such liabilities, information about its members and about their ability to provide financial support for the purposes of the application. (3) The court may make a protective costs order only if it is satisfied that \u2014 Clause 3 Introduced (a) the proceedings are public interest proceedings; (b) in the absence of the order, the applicant for the judicial review proceedings or constitutional proceedings, would withdraw the application for the judicial review proceedings or constitutional proceedings, as the case may be, or cease to participate in the proceedings; and (c) it would be reasonable for the applicant for the judicial review proceedings or constitutional proceedings, to do so. (4) The proceedings are \u201cpublic interest proceedings\u201d only if \u2014 (a) an issue that is the subject of the proceedings is of general public importance; (b) the public interest requires the issue to be resolved; and (c) the proceedings are likely to provide an appropriate means of resolving it. (5) The matters to which the court shall have regard when determining whether proceedings are public interest proceedings include \u2014 (a) the number of people likely to be directly affected if relief is granted to the applicant for the judicial review proceedings or constitutional proceedings; (b) how significant the effect on those people is likely to be; and (c) whether the proceedings involve consideration of a point of law of general public importance. Protective costs orders - matters for consideration by the court 24C. (1) The matters to which the court shall have regard when considering whether to make a protective costs order in connection with judicial review proceedings or constitutional proceedings, and what the terms of such an order should be, include \u2014 (a) the financial resources of the parties to the proceedings, including the financial resources of any person who provides, or may provide, financial support to the parties; (b) the extent to which the applicant for the order is likely to benefit if relief is granted to the applicant for the judicial review proceedings or constitutional proceedings; (c) the extent to which any person who has provided, or may provide, the applicant with financial support is likely to benefit if relief is granted to the applicant for the judicial review proceedings or constitutional proceedings; Clause 3 Introduced (d) whether legal representatives for the applicant for the order are acting free of charge; and (e) whether the applicant for the order is an appropriate person to represent the interests of other persons or the public interest generally. (2) A protective costs order that limits or removes the liability of the applicant for the judicial review proceedings or constitutional proceedings, to pay the costs of another party to the proceedings if relief is not granted to the applicant for the judicial review proceedings or constitutional proceedings, shall also limit or remove the liability of the other party to pay the applicant\u2019s costs if such order is granted. (3) In this section \u2014 \u201cfree of charge\u201d means otherwise than for or in expectation of a fee, gain or reward; and \u201clegal representative\u201d, in relation to a party to proceedings, means a person exercising a right of audience or conducting litigation on the party\u2019s behalf.\u201d. Passed by the Legislative Assembly the day of , 2020. 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The Bill also provides for\nincidental and connected purposes.\nClause 1 provides for the short title.\nClause 2 amends section 24 of the principal Law to provide for the power of the court to\nmake a protective costs order in judicial review proceedings and constitutional\nproceedings.\nA protective costs order is an order which will limit or remove an applicant\u2019s liability to\npay another party\u2019s costs in the Grand Court or the Court of Appeal, and may only be\nmade after leave to apply for judicial review has been granted or by way of constitutional\nproceedings.\nIn the United Kingdom, protective costs orders are made in public interest litigation\nundertaken by way of judicial review proceedings. In the Cayman Islands context,\nhowever, unlike the United Kingdom, there is a written constitutional Bill of Rights.\nChallenges for the infringement of the rights contained in the Bill of Rights may be\nbrought pursuant to section 26(1) of the Constitution. Further, other proceedings\nunrelated to the Bill of Rights may be brought in relation to the Constitution. To the\nextent that any of these constitutional proceedings raise matters of public interest, it is\nproposed that the availability of protective costs orders be extended to them.\nClause 3 inserts new sections 24A, 24B and 24C in the principal Law, which set out the\nterms of protective costs orders, the procedure for their application and grant, and matters\nfor consideration by the court.\n\nJudicature (Amendment) Bill, 2020\nClause 1\n\nc\n Introduced\nPage 5\n\nCAYMAN ISLANDS\n\nJUDICATURE (AMENDMENT) BILL, 2020\nA BILL FOR A LAW TO AMEND THE JUDICATURE LAW (2017 REVISION) TO\nPROVIDE FOR THE EXERCISE OF THE COURT\u2019S JURISDICTION TO GRANT\nPROTECTIVE COSTS ORDERS IN JUDICIAL REVIEW PROCEEDINGS AND\nCONSTITUTIONAL PROCEEDINGS; AND FOR INCIDENTAL AND CONNECTED\nPURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nShort title\n1.\nThis Law may be cited as the Judicature (Amendment) Law, 2020.\n2.\nAmendment of section 24 of the Judicature Law (2017 Revision) - costs\n2.\nThe Judicature Law (2017 Revision) is amended in section 24 as follows \u2014\n(a)\nby repealing subsection (2) and substituting the following subsection \u2014\n\u201c(2) Without prejudice to any general power to make rules of court, such rules\nmay provide for regulating matters relating to the costs of civil\nproceedings referred to in subsection (1), including, in particular \u2014\n(a) the entitlement to costs;\n(b) the taxation of costs;\n(c) the powers of taxing officers;\n(d) the powers of judges to review decisions of taxing officers; and\n(e)\nthe powers of the court (as defined in section 24A(4)) to make\nprotective costs orders in judicial review proceedings and\nconstitutional proceedings.\u201d; and\n\nClause 3\nJudicature (Amendment) Bill, 2020\n\nPage 6\n Introduced\nc\n\n(b) in subsection (7), by inserting after the definition of the word\n\u201cprescribed\u201d, the following definition \u2014\n\u201c \u201cprotective costs order\u201d is an order limiting or removing the\nliability of a party to judicial review proceedings or to constitutional\nproceedings, to pay another party\u2019s costs in connection with any\nstage of the proceedings;\u201d.\n3.\nInsertion of sections 24A, 24B and 24C in the Judicature Law (2017\nRevision) - protective costs orders in judicial review proceedings and\nconstitutional proceedings; protective costs orders - procedure for\napplication and grant; protective costs orders - matters for consideration\nby the court\n3.\nThe Judicature Law (2017 Revision) is amended by inserting after section 24 the\nfollowing sections \u2014\n\n\u201cProtective costs orders in judicial review proceedings and\nconstitutional proceedings\n24A. (1) Without prejudice to the generality of section 24(3), the power of\nthe court to determine by whom and to what extent protective costs\norders are made in judicial review proceedings and constitutional\nproceedings, is set out in this section, and in sections 24B and 24C.\n(2) The court may make a protective costs order only if leave to apply\nfor judicial review has been granted, or by way of constitutional\nproceedings.\n(3) The court may make a protective costs order on an application for\nsuch an order made by the applicant by way of judicial review\nproceedings or constitutional proceedings, in accordance with rules\nof court if the grant of the order would be fair and just in the\ncircumstances.\n(4) In this section and sections 24B and 24C \u2014\n\u201cBill of Rights\u201d means Part 1 of the Constitution;\n\u201cConstitution\u201d means the Constitution set out in Schedule 2 to the\nCayman Islands Constitution Orders 2009 to 2016;\n\u201cconstitutional proceedings\u201d means any application to the court\nbrought under or in respect of, or in relation to, the Constitution,\nincluding, but not limited to, those brought under section 26(1) of\nthe Constitution in relation to the Bill of Rights and in accordance\nwith Order 77A, rule 4 of the Grand Court Rules, 1995 (Revised\nVersion);\n\u201ccourt\u201d means the Grand Court or the Court of Appeal;\n\nJudicature (Amendment) Bill, 2020\nClause 3\n\nc\n Introduced\nPage 7\n\n\u201cprotective costs order\u201d has the meaning given in section 24(7);\nand\n\u201cjudicial review proceedings\u201d means \u2014\n(a)\nproceedings on an application for leave to apply for judicial\nreview;\n(b) proceedings on an application for judicial review;\n(c)\nany proceedings on an application for leave to appeal from a\ndecision in proceedings described in paragraph (a) or (b); or\n(d) proceedings on an appeal from a decision referred to in\nparagraph (c),\nand the proceedings described in paragraphs (a) to (d) are \u201cstages\u201d\nof judicial review proceedings.\n(5) For the purposes of this section, section 24B, and section 24C, in\nrelation to judicial review proceedings \u2014\n(a)\nthe applicant for judicial review is the person who is or was the\napplicant in the proceedings on the application for judicial\nreview; and\n(b) references to relief being granted to the applicant for judicial\nreview include the upholding on appeal of a decision to grant\nsuch relief at an earlier stage of the proceedings.\nProtective costs orders - procedure for application and grant\n24B. (1) A protective costs order may be made in connection with judicial\nreview proceedings in accordance with sections 24A, 24B, and 24C,\nor in connection with constitutional proceedings.\n(2) Rules of court may, in particular, specify information that shall be\ncontained in the application for grant of a protective costs order,\nincluding \u2014\n(a)\ninformation about the source, nature and extent of financial\nresources available, or likely to be available, to the applicant,\nto\nmeet\nliabilities\narising\nin\nconnection\nwith\nthe\napplication; and\n(b) if the applicant is a body corporate that is unable to\ndemonstrate that it is likely to have financial resources\navailable to meet such liabilities, information about its\nmembers and about their ability to provide financial support\nfor the purposes of the application.\n(3) The court may make a protective costs order only if it is satisfied\nthat \u2014\n\nClause 3\nJudicature (Amendment) Bill, 2020\n\nPage 8\n Introduced\nc\n\n(a)\nthe proceedings are public interest proceedings;\n(b) in the absence of the order, the applicant for the judicial\nreview proceedings or constitutional proceedings, would\nwithdraw the application for the judicial review proceedings\nor constitutional proceedings, as the case may be, or cease to\nparticipate in the proceedings; and\n(c)\nit would be reasonable for the applicant for the judicial review\nproceedings or constitutional proceedings, to do so.\n(4) The proceedings are \u201cpublic interest proceedings\u201d only if \u2014\n(a)\nan issue that is the subject of the proceedings is of general\npublic importance;\n(b) the public interest requires the issue to be resolved; and\n(c)\nthe proceedings are likely to provide an appropriate means of\nresolving it.\n(5) The matters to which the court shall have regard when determining\nwhether proceedings are public interest proceedings include \u2014\n(a)\nthe number of people likely to be directly affected if relief is\ngranted to the applicant for the judicial review proceedings or\nconstitutional proceedings;\n(b) how significant the effect on those people is likely to be; and\n(c)\nwhether the proceedings involve consideration of a point of\nlaw of general public importance.\nProtective costs orders - matters for consideration by the court\n24C. (1) The matters to which the court shall have regard when considering\nwhether to make a protective costs order in connection with judicial\nreview proceedings or constitutional proceedings, and what the\nterms of such an order should be, include \u2014\n(a)\nthe financial resources of the parties to the proceedings,\nincluding the financial resources of any person who provides,\nor may provide, financial support to the parties;\n(b) the extent to which the applicant for the order is likely to\nbenefit if relief is granted to the applicant for the judicial\nreview proceedings or constitutional proceedings;\n(c)\nthe extent to which any person who has provided, or may\nprovide, the applicant with financial support is likely to\nbenefit if relief is granted to the applicant for the judicial\nreview proceedings or constitutional proceedings;\n\nJudicature (Amendment) Bill, 2020\nClause 3\n\nc\n Introduced\nPage 9\n\n(d) whether legal representatives for the applicant for the order are\nacting free of charge; and\n(e)\nwhether the applicant for the order is an appropriate person to\nrepresent the interests of other persons or the public interest\ngenerally.\n(2) A protective costs order that limits or removes the liability of the\napplicant for the judicial review proceedings or constitutional\nproceedings, to pay the costs of another party to the proceedings if\nrelief is not granted to the applicant for the judicial review\nproceedings or constitutional proceedings, shall also limit or remove\nthe liability of the other party to pay the applicant\u2019s costs if such\norder is granted.\n(3) In this section \u2014\n\u201cfree of charge\u201d means otherwise than for or in expectation of a\nfee, gain or reward; and\n\u201clegal representative\u201d, in relation to a party to proceedings, means\na person exercising a right of audience or conducting litigation on\nthe party\u2019s behalf.\u201d.\n\nPassed by the Legislative Assembly the\nday of\n, 2020.\nSpeaker\nClerk of the Legislative Assembly","akn_extracted_at":"2026-07-18 12:35:41.144548+00","cms_id":"2020-0050","law_type":"bill","year":"2020","number":"50","title":"Judicature (Amendment) Bill, 2020","status":"bill"},"provenance":{"files":[{"file_id":"7048","expr_id":"2249","kind":"akn_xml","filename":"2020-0050.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0050\/2020-0050.akn.xml","content_md5":"d9380b1307d3528135a1ec85c99482d6","byte_size":"13594","http_last_modified":null,"fetched_at":"2026-07-18 12:35:41.187475+00"},{"file_id":"4497","expr_id":"2249","kind":"pristine_pdf","filename":"2020-0050.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2020\/2020-0050\/2020-0050.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2020\/2020-0050\/2020-0050.pdf","content_md5":"ecfb41549800584ecd231407ba353694","byte_size":"481234","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.317545+00"},{"file_id":"4498","expr_id":"2249","kind":"working_pdf","filename":"2020-0050.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2020\/2020-0050\/2020-0050.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0050\/2020-0050.pdf","content_md5":"ecfb41549800584ecd231407ba353694","byte_size":"481234","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.317545+00"}],"paragraph_count":12,"latest_history":{"history_id":"270227","change_type":"UPDATE","changed_at":"2026-07-18 00:00:00+00","change_source":"MIGRATION_027","change_reason":"CMS-id-collision audit 2026-07-18: title corrected from the document's own PDF and\/or the (law_type, cms_id)-keyed official legislation.gov.ky listing."}},"quality":{"expr_id":"2249","doc_id":"2249","quality_state":"known_issue","quality_score":"59","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"high\": 1, \"medium\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: judicature amendment bill 2020 x8; protective costs orders in judicial review proceed x4; introduced x7","assessed_at":"2026-06-22 15:29:46.571774+00","updated_at":"2026-06-22 15:29:46.571774+00"}}