The "Pushing envelopes across borders: offshore interim relief in international fraud and asset chases" session brought together lawyers from England and a variety of offshore jurisdictions to discuss recent developments in offshore jurisdictions and how they work in parallel with developments in English courts. The speakers gave listeners a run down of key cases and legislation in the area, while providing useful practical guidance for practitioners, as well as querying how the law in this area will change in the next few years.
During the panel, Ogier partner William Jones discussed the availability of Norwich Pharmacal orders in the Cayman Islands.
The Cayman Court has described Norwich Pharmacal orders' jurisdiction as "broad, flexible and developing" and one which would adopt a "common sense non-technical approach". He discussed the decision in Essar Global Fund Ltd et al v Arcelormittal USA LLC,1 in the Court of Appeal of the Cayman Islands, which marks a departure from the English courts, wherein judges have concluded that common law remedies, such as Norwich Pharmacal relief, are precluded where other statutory relief can be obtained. However, this approach is now consistent with decisions in other offshore jurisdictions, such as the BVI, which has also addressed this issue in statute.
For more information on this case, read our briefing here.
A full review of this panel was published by LexisNexis. Read it here.
Footnote
1. Essar Global Fund Ltd et al v Arcelormittal USA LLC, (Civil) Appeal No 15 of 2019
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