Samuel Johnson (Appellant) v Cayman Islands Health Services Authority (Respondent) (Cayman Islands)

Case summary

Case ID

JCPC/2026/0003

Jurisdiction

Cayman Islands

Parties

Appellant(s)

Samuel Johnson

Respondent(s)

Cayman Islands Health Services Authority

Issue

(1) Does Order 6 ‘Writs of Summons: General Provisions’, rule 5 of the Grand Court Rules (“O6, r5”) require a claimant to provide a service address within the jurisdiction of the Cayman Islands to issue proceedings? (2) In the circumstances of the present appeal, should the appeal be heard on an ex parte basis without the participation of the respondent?

Facts

The appellant, Samuel Johnson, sought to bring proceedings against the respondent, Cayman Islands Health Services Authority, by initiating proceedings in the Grand Court of the Cayman Islands. The appellant resides abroad and refused to provide, or arrange for an agent to provide, an address in the Cayman Islands for service. O6, r5 requires that, before a writ is issued in the Grand Court of the Cayman Islands, the appellant must provide “the address of a place within the [Cayman Islands] at or to which documents for the [appellant] may be delivered or sent”. On its own motion, the Grand Court of the Cayman Islands stayed the proceedings pending the appellant providing such a service address as required by O6, r5. With permission, the appellant appealed the stay to the Court of Appeal of the Cayman Islands. The Court of Appeal of the Cayman Islands dismissed the appeal. It held that a local address for service was a mandatory requirement under O6, r5 and there was no basis, in terms of facilitating the overriding objective or concerning promoting access to justice, which justified this requirement being departed from on the facts. The appellant now seeks permission to appeal to the Judicial Committee of the Privy Council.

Date of issue

8 January 2026

Case origin

PTA

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