Third party disclosure: fighting international 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