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16 July 2021 / Emilie Jones , Alan Sheeley
Issue: 7941 / Categories: Features , Fraud , Bribery , Disclosure
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Third party disclosure: fighting international fraud

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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

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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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