Norwich Pharmacal Relief: Discussing the Availability of Relief in Foreign Proceedings

October 28, 2022 2:15pm

Richard Gillis KC
Barrister
One Essex Court (UK)

Jennifer Fox
Partner
Ogier (Cayman Islands)

Andrew McLeod
Barrister
One Essex Court (UK)

Paul Smith
Partner
Harneys (Cayman Islands)

In England and Wales, Norwich Pharmacal is generally unavailable to pursue proceedings out of the jurisdiction – following Ramilos Trading Ltd v Buyanovsky. This creates real obstacles in cross-border and multi-jurisdictional fraud and asset tracing claims where evidence or information is held by English-based third parties. However, in the last two years, the Cayman and BVI courts have handed down major decisions that refuse to follow Ramilos, holding that relief can be obtained for the purpose of taking action outside the jurisdiction.

Join this session as our panel of experts discuss if this marks a new trend allowing relief to support foreign proceedings.