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The Bill also amends the principal Act to provide that the default provision for reference, where the rules of the Court are lacking, are to the law and practice of England and Wales only. Clause 1 provides the short title of the legislation and contains commencement provisions. Clause 2 repeals and replaces section 3 of the principal Act to provide, inter alia, that in civil proceedings, where a Judge of a Court which has partly heard proceedings is unable to continue \u2014 (a) the parties to the case shall be consulted and their agreement sought as to whether the case can proceed to judgment with two Justices of Appeal; or (b) if the agreement of the parties cannot be reached or the matter cannot otherwise proceed with two Judges, because the President does not think the case suitable, then the case shall be re-heard by a differently constituted panel of three Judges. Clause 2 also inserts in the new section 3 a provision which stipulates that where \u2014 (a) an appeal has been heard by a Court consisting of two Judges; and (b) the Judges of the Court are equally divided, the case shall, on the application of any party to the appeal, be re-argued before and determined by three Judges, before any appeal to the Her Majesty in Council or before an application for leave to appeal to Her Majesty in Council is made. Clause 3 repeals and replaces section 36 of the principal Act to provide that, where in any case there is no special provision contained in the principal Act or any other Act, or in rules of court, which relate to that case, any jurisdiction in relation to appeals in criminal and civil matters shall be exercised by the Court as nearly as may be in conformity with the law and practice for the time being observed by the Court of Appeal which has equivalent jurisdiction in England and Wales. Court of Appeal (Amendment) Bill, 2021 Clause 1 Introduced COURT OF APPEAL (AMENDMENT) BILL, 2021 A BILL FOR AN ACT TO AMEND THE COURT OF APPEAL ACT (2011 REVISION) TO ALLOW CASES TO PROGRESS TO JUDGMENT IN CIRCUMSTANCES WHERE THE CASES HAVE BEEN HEARD BUT JUDGMENT HAS BEEN RESERVED AND ONE OF THE JUSTICES OF APPEAL ON THE PANEL OF THREE BECOMES UNABLE TO RENDER A DETERMINATION; TO PROVIDE THAT WHERE THE RULES OF THE COURT ARE LACKING, THERE SHALL BE REFERENCE TO THE LAW AND PRACTICE OF ENGLAND ONLY; 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 and commencement 1. (1) This Act may be cited as the Court of Appeal (Amendment) Act, 2021. (2) This Act comes into force by Order made by the Cabinet.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Repeal of section 3 of the Court of Appeal Act (2011 Revision) and substitution - Judges of the Court 2. The Court of Appeal Act (2011 Revision) is amended by repealing section 3 and substituting the following section \u2014 \u201cJudges of the Court\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"(1) The President shall be the senior Judge of the Court. Clause 2 Court of Appeal (Amendment) Bill, 2021 Introduced (2) Subject to subsection (1), the Judges shall hold seniority in the order of their appointments or, if two or more Judges are appointed on the same day, then in the order of their seniority of first appointment to high judicial office. (3) In the absence of the President the senior Judge present at any sitting of the Court shall preside at that sitting. (4) Subject to subsections (7) and (8), for the purpose of hearing and determining an appeal or any other matter, the Court shall be duly constituted if it consists of three Judges. (5) Subject to subsections (7) and (8), the determination of any matter before the Court shall be according to the opinion of the majority of the Judges hearing the matter. (6) Except as otherwise provided in this Act, all Judges shall have and enjoy in all respects equal power, authority and jurisdiction. (7) In civil proceedings, where a Judge of a Court which has partly heard proceedings is unable to continue \u2014 (a) the parties to the case shall be consulted and their agreement sought as to whether the case can proceed to judgment with two Justices of Appeal; or (b) if the agreement of the parties cannot be reached or the matter cannot otherwise proceed with two Judges, because the President does not think the case suitable, then the case shall be re-heard by a differently constituted panel of three Judges. (8) Where pursuant to subsection (7)(a) \u2014 (a) an appeal has been heard by a Court consisting of two Judges; and (b) the Judges of the Court are equally divided, the case shall, on the application of any party to the appeal, be reargued before and determined by three Judges, before any appeal to Her Majesty in Council or before an application for leave to appeal to Her Majesty in Council is made.\u201d. Court of Appeal (Amendment) Bill, 2021 Clause 3 Introduced 3. Repeal of section 36 of the Court of Appeal Act (2011 Revision) and substitution - English rules to apply where no other provision made 3. The Court of Appeal Act (2011 Revision) is amended by repealing section 36 and substituting the following section \u2014 \u201cEnglish rules to apply where no other provision made 36. Where, in any case, there is no special provision contained in this or any other Act, or in rules of court, which relate to that case, any jurisdiction in relation to appeals in criminal and civil matters shall be exercised by the Court as nearly as may be in conformity with the law and practice for the time being observed by the Court of Appeal which has equivalent jurisdiction in England and Wales.\u201d. Passed by the Parliament the      day of                       , 2021. 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TO PROVIDE THAT WHERE THE RULES OF THE\nCOURT ARE LACKING, THERE SHALL BE REFERENCE TO THE LAW AND\nPRACTICE OF ENGLAND ONLY; AND FOR INCIDENTAL AND CONNECTED\nPURPOSES\u2000\n\nPage 2\n Introduced\nc\n\nPUBLISHING DETAILS\nSponsoring Ministry\/Portfolio: Portfolio of Legal Affairs (PLA)\n\nCourt of Appeal (Amendment) Bill, 2021\nObjects and Reasons\n\nc\n Introduced\nPage 3\n\nMemorandum of\nOBJECTS AND REASONS\nThis Bill amends the Court of Appeal Act (2011 Revision) (\u201cthe principal Act\u201d) in order,\namong other things, to allow cases to progress to judgment in circumstances where they\nhave been heard but judgment has been reserved and, for unavoidable reasons, one of the\nJustices of Appeal on the panel of three becomes unable to render a determination.\nThe Bill also amends the principal Act to provide that the default provision for reference,\nwhere the rules of the Court are lacking, are to the law and practice of England and Wales\nonly.\nClause 1 provides the short title of the legislation and contains commencement provisions.\nClause 2 repeals and replaces section 3 of the principal Act to provide, inter alia, that in\ncivil proceedings, where a Judge of a Court which has partly heard proceedings is unable\nto continue \u2014\n(a) the parties to the case shall be consulted and their agreement sought as to whether the\ncase can proceed to judgment with two Justices of Appeal; or\n(b) if the agreement of the parties cannot be reached or the matter cannot otherwise\nproceed with two Judges, because the President does not think the case suitable, then\nthe case shall be re-heard by a differently constituted panel of three Judges.\nClause 2 also inserts in the new section 3 a provision which stipulates that where \u2014\n(a) an appeal has been heard by a Court consisting of two Judges; and\n(b) the Judges of the Court are equally divided,\nthe case shall, on the application of any party to the appeal, be re-argued before and\ndetermined by three Judges, before any appeal to the Her Majesty in Council or before an\napplication for leave to appeal to Her Majesty in Council is made.\nClause 3 repeals and replaces section 36 of the principal Act to provide that, where in any\ncase there is no special provision contained in the principal Act or any other Act, or in rules\nof court, which relate to that case, any jurisdiction in relation to appeals in criminal and\ncivil matters shall be exercised by the Court as nearly as may be in conformity with the law\nand practice for the time being observed by the Court of Appeal which has equivalent\njurisdiction in England and Wales.\n\nCourt of Appeal (Amendment) Bill, 2021\nClause 1\n\nc\n Introduced\nPage 5\n\nCAYMAN ISLANDS\n\nCOURT OF APPEAL (AMENDMENT) BILL, 2021\n\nA BILL FOR AN ACT TO AMEND THE COURT OF APPEAL ACT (2011 REVISION) TO\nALLOW CASES TO PROGRESS TO JUDGMENT IN CIRCUMSTANCES WHERE THE\nCASES HAVE BEEN HEARD BUT JUDGMENT HAS BEEN RESERVED AND ONE OF\nTHE JUSTICES OF APPEAL ON THE PANEL OF THREE BECOMES UNABLE TO\nRENDER A DETERMINATION; TO PROVIDE THAT WHERE THE RULES OF THE\nCOURT ARE LACKING, THERE SHALL BE REFERENCE TO THE LAW AND\nPRACTICE OF ENGLAND ONLY; AND FOR INCIDENTAL AND CONNECTED\nPURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nShort title and commencement\n1.\n(1) This Act may be cited as the Court of Appeal (Amendment) Act, 2021.\n(2) This Act comes into force by Order made by the Cabinet.\n2.\nRepeal of section 3 of the Court of Appeal Act (2011 Revision) and\nsubstitution - Judges of the Court\n2.\nThe Court of Appeal Act (2011 Revision) is amended by repealing section 3 and\nsubstituting the following section \u2014\n\u201cJudges of the Court\n3.\n(1) The President shall be the senior Judge of the Court.\n\nClause 2\nCourt of Appeal (Amendment) Bill, 2021\n\nPage 6\n Introduced\nc\n\n(2) Subject to subsection (1), the Judges shall hold seniority in the order\nof their appointments or, if two or more Judges are appointed on the\nsame day, then in the order of their seniority of first appointment to\nhigh judicial office.\n(3) In the absence of the President the senior Judge present at any sitting\nof the Court shall preside at that sitting.\n(4) Subject to subsections (7) and (8), for the purpose of hearing and\ndetermining an appeal or any other matter, the Court shall be duly\nconstituted if it consists of three Judges.\n(5) Subject to subsections (7) and (8), the determination of any matter\nbefore the Court shall be according to the opinion of the majority of\nthe Judges hearing the matter.\n(6) Except as otherwise provided in this Act, all Judges shall have and\nenjoy in all respects equal power, authority and jurisdiction.\n(7) In civil proceedings, where a Judge of a Court which has partly heard\nproceedings is unable to continue \u2014\n(a)\nthe parties to the case shall be consulted and their agreement\nsought as to whether the case can proceed to judgment with two\nJustices of Appeal; or\n(b) if the agreement of the parties cannot be reached or the matter\ncannot otherwise proceed with two Judges, because the\nPresident does not think the case suitable, then the case shall be\nre-heard by a differently constituted panel of three Judges.\n(8) Where pursuant to subsection (7)(a) \u2014\n(a)\nan appeal has been heard by a Court consisting of two Judges;\nand\n(b) the Judges of the Court are equally divided,\nthe case shall, on the application of any party to the appeal, be reargued before and determined by three Judges, before any appeal to\nHer Majesty in Council or before an application for leave to appeal\nto Her Majesty in Council is made.\u201d.\n\nCourt of Appeal (Amendment) Bill, 2021\nClause 3\n\nc\n Introduced\nPage 7\n\n3.\nRepeal of section 36 of the Court of Appeal Act (2011 Revision) and\nsubstitution - English rules to apply where no other provision made\n3.\nThe Court of Appeal Act (2011 Revision) is amended by repealing section 36 and\nsubstituting the following section \u2014\n\u201cEnglish rules to apply where no other provision made\n36. Where, in any case, there is no special provision contained in this or any\nother Act, or in rules of court, which relate to that case, any jurisdiction in\nrelation to appeals in criminal and civil matters shall be exercised by the\nCourt as nearly as may be in conformity with the law and practice for the\ntime being observed by the Court of Appeal which has equivalent\njurisdiction in England and Wales.\u201d.\nPassed by the Parliament the      day of                       , 2021.\n\nSpeaker\n\nClerk of the Parliament","akn_extracted_at":"2026-06-22 15:41:52.927139+00","cms_id":"2021-0008","law_type":"bill","year":"2021","number":"8","title":"National Honours and Awards Regulations","status":"bill"},"provenance":{"files":[{"file_id":"7070","expr_id":"2271","kind":"akn_xml","filename":"2021-0008.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2021\/2021-0008\/2021-0008.akn.xml","content_md5":"729b9b8271c859de8915b4c99307ffc9","byte_size":"9558","http_last_modified":null,"fetched_at":"2026-06-22 15:41:52.975372+00"},{"file_id":"4541","expr_id":"2271","kind":"pristine_pdf","filename":"2021-0008.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2021\/2021-0008\/2021-0008.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2021\/2021-0008\/2021-0008.pdf","content_md5":"ded01f302190e72779347f4ca24e2d10","byte_size":"379272","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.3319+00"},{"file_id":"4542","expr_id":"2271","kind":"working_pdf","filename":"2021-0008.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2021\/2021-0008\/2021-0008.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2021\/2021-0008\/2021-0008.pdf","content_md5":"ded01f302190e72779347f4ca24e2d10","byte_size":"379272","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.3319+00"}],"paragraph_count":2,"latest_history":null},"quality":{"expr_id":"2271","doc_id":"2271","quality_state":"known_issue","quality_score":"55","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_commencement_metadata,verify_title_metadata}","finding_severity_counts":"{\"low\": 2, \"high\": 1, \"medium\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: introduced x5; court of appeal amendment bill 2021 x5","assessed_at":"2026-06-22 15:29:46.532037+00","updated_at":"2026-06-22 15:29:46.532037+00"}}