7th July 2025
In its judgment dated 30 June 2025, the Judicial Committee of the Privy Council has unanimously confirmed that the Governor of the Cayman Islands had acted within his legislative reserved powers under the Cayman Islands Constitution when he enacted the Civil Partnership Act 2020, and 11 pieces of associated legislation, for the purpose of enabling civil partnerships for both same-sex couples and opposite-sex couples, so as to bring the United Kingdom (on behalf of the Cayman Islands) into compliance with the European Convention of Human Rights.
In doing so, the Privy Council has upheld the judgments below of both the Grand Court and the Court of Appeal of the Cayman Islands, while also accepting the appellate submissions made on behalf of the Governor, and on behalf of Colours Caribbean, as an Intervener.
The Privy Council’s judgment puts beyond any doubt, at a final appellate level, the meaning of key provisions of the Cayman Islands’ Constitution concerning the Governor’s use of reserved legislative powers, as a local effective remedy for the purpose of securing compliance with human rights obligations, and other international treaty obligations, which the United Kingdom has extended to the Cayman Islands.
The Privy Council’s decision means that the rights of all couples in civil partnerships (and those of their children) in the Cayman Islands remain legally protected.
The judgment is also likely to be relevant to the interpretation of the Constitutions of other British Overseas Territories, to the extent that they provide for reserved legislative powers on the part of the Governor (whether affirmative or negative).
The Privy Council’s judgment has attracted significant media interest, including in The Guardian and the Cayman Compass.
Alex Potts KC and Anna Hoffmann represented the Intervener before the Privy Council on a pro bono basis. They were instructed by Travers Smith LLP.
Alex Potts KC also appeared as Leading Counsel on behalf of Colours Caribbean before the Grand Court and the Court of Appeal with Dr Alecia Johns (Conyers).
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