Public Comments: The Common Law Forfeiture Rule: A Case for Legislative Intervention

27 March 2026 | Consultation | By:

The Law Reform Commission (“the Commission”) invites stakeholders and members of the general public to comment on the issues identified in the Discussion Paper (“the Paper”) titled “The Common Law Forfeiture Rule: A Case for Legislative Intervention” and, in particular, to submit their views on the recommendations presented for discussion.

The Paper examines the common law forfeiture rule as it applies within the Cayman Islands legal framework. The forfeiture rule is a well-established common law principle that prevents a person who has unlawfully caused the death of another from benefiting from the deceased’s estate. The Paper assesses whether the strict common law approach remains appropriate, or whether statutory reform should be introduced to provide clearer and fairer outcomes in cases involving manslaughter, diminished responsibility, or coercive control.

The Paper may be viewed on the following websites: www.lrc.gov.ky or www.gov.ky or a copy may be collected from the Offices of the Commission.

Submissions should be forwarded no later than 27 June, 2026 to the Director of the Law Reform Commission, 5th Floor Government Administration Building, Portfolio of Legal Affairs, 133 Elgin Avenue, George Town, Grand Cayman, P.O. Box 136, Grand Cayman KY1-9000 either electronically to cilawreform@gov.ky, or in writing, by post or hand delivered.

Last updated: