In these unprecedented times, governments globally are reacting to the ongoing threat of COVID-19, including the availability of public services such as access to the courts for hearings and other judicial services such as filings and searches. The situation is changing all the time, but as of 2 April 2020, we confirm that the current status of the relevant courts in BVI, Bermuda and the Cayman Islands is as below.

Generally, the Courts in each jurisdiction are continuing to operate, albeit on a more limited basis in Bermuda restricted to urgent matters only, with precautionary steps being taken including utilising technology where possible to limit the potential spread of the virus. Filings and Court searches are available in the ordinary course in BVI and the Cayman Islands, and in Bermuda for urgent matters only.

The British Virgin Islands

Hearings:

Effective 23 March 2020, in person hearings of matters in the High Court, including civil and commercial matters, have been suspended and matters have and will continue to be heard by video or teleconference as far as practicable and until further notice. Where matters can be determined on paper, the Court will make such determination in the absence of the parties attending. These arrangements are not expected to impact the Commercial Court's ability to deal with urgent matters.

For the Court of Appeal, the decision was taken to reschedule the sitting of the Court in the BVI which was scheduled for the week commencing 23 March 2020 until further notice.1 The Court of Appeal will continue to deal with urgent applications and appeals from its base in St Lucia.

New Filings:

The Court has confirmed that they "are making every effort to mitigate against the spread of COVID-19 while also ensuring that there is minimal disruption to court users and that the administration of justice in the OECS is not severely impacted."

As of 30 March 2020, the BVI Court is accepting electronic filings for all matters.

Court Searches:

Searches continue to be processed by the Court Office and search requests are being made by way of email until further notice.

Bermuda

Hearings:

As of 18 March 2020, and updated on 23 March 20202 , the Registrar of the Supreme Court of Bermuda has confirmed that Supreme Court hearings will be "limited".3

Any matters listed between 20 March 2020 and 17 April 2020 will be, upon the Court's own motion, adjourned administratively to a date to be fixed.

If a matter is "extremely urgent", the parties are permitted to advise the Court accordingly, explaining the urgency and the Court will take those submissions into account in determining whether any matter will be heard. Urgent hearings are likely to be accommodated by way of telephonic hearing.

New Filings:

The Supreme Court Registry will be closed until at least 17 April 2020. During the period 23 March 2020 to 17 April 2020 only new applications or responses that are urgent may be submitted by email, and the Court will advise when hard copies may be filed. The Court is not accepting non-urgent filings by email unless parties are expressly directed to do so.

Court Searches:

Searches of all Cause Books are suspended until Monday, 20 April 2020.

The Cayman Islands

Hearings:

On Saturday, March 28, 2020, the Cayman Islands Government put into force the Public Health (Prevention, Control and Suppression of COVID-19) Regulations 2020 outlining managed restrictions on movement for the public and businesses alike for a period of ten days for the time being. As of 29 March 2020, in relation to hearings in the Grand Court, for cases in the Financial Services Division ("FSD") the established use of video-conferencing and teleconferencing will be encouraged and implemented where possible. Given the travel bans, it now seems likely that substantive trials will also have to be taken by these means as much as possible, even where the designated judge resides overseas.

In keeping with Grand Court Rules Order 33 rule 1, the Secretary of State for Foreign Affairs has confirmed, through the Office of the Governor that he consents to Grand Court judges presiding from the UK for trials in Cayman by way of video-link. Updated Practice Directions on Videolink Proceedings will be issued shortly.

Parties and their attorneys are advised to contact the FSD Registrar and/or Listing Officer to identify those cases which must proceed by way of video-link and to confirm the arrangements with the designated Judges.

Subject to the directions of the Judge in each case, the use of electronic bundles is especially encouraged at this time to reduce the need for photocopying and circumstances for the transmission of COVID-19.

Arrangements for hearings to be conducted by video-link are being made for the Court of Appeal session for April/May 2020, with the President and Justices presiding from the United Kingdom. Parties and/or their attorneys are being asked to contact the Registrar of the Court of Appeal for confirmation of listings.

New Filings:

The Court will continue to accept filings but its procedures are now modified to require filing by email and arrangements are in place for the delivery of hard copy documents and payment of fees and only electronic bundles will be accepted.

Court Searches:

File inspections have been suspended. Physical Court Searches are suspended, but the Court is continuing to upload and publish new actions onto the electronic platform daily.

Updated information can be found at https://www.judicial.ky/emergency-continuity-operations

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.