header-logo header-logo

16 July 2021 / Emilie Jones , Alan Sheeley
Issue: 7941 / Categories: Features , Fraud , Bribery , Disclosure
printer mail-detail

Third party disclosure: fighting international fraud

52825
Alan Sheeley, Emilie Jones & offshore specialists from Appleby discuss the key role of third-party disclosure to tackle offshore fraud
  • A snapshot of the availability of Norwich Pharmacal disclosure orders in support of foreign proceedings in England, the Cayman Islands, the British Virgin Islands, Guernsey, Jersey and the Isle of Man.

A recent decision of the Court of Appeal of the Cayman Islands (CICA), Essar Global Fund Ltd & anor v ArcelorMittal USA LLC (3 May 2021, CICA (Civil) Appeal No 15 of 2019), highlights the power of a key investigative tool for victims of fraud involving offshore jurisdictions, the Norwich Pharmacal order (NPO).

The CICA confirmed that the Cayman courts have jurisdiction to grant an NPO in support of potential proceedings in a foreign court, such as the UK courts. This is an issue which has been the subject of debate under English law. The Cayman approach is of significant assistance in the fight against fraud perpetrated using vehicles in offshore jurisdictions, helping victims to seek from trustees and corporate service providers information they

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll