Partners demystify offshore in Eurofenix

In the latest in a 'Demystifying Offshore' series running in Eurofenix from INSOL Europe, Partners Stephen Alexander, Nicholas Fox, Justine Lau and Abel Lyall examine some of the more common mechanisms for obtaining information in the four Crown Dependencies and Overseas Territories.

The authors explore how information is held in the Crown Dependencies and Overseas Territories and share how Norwich Pharmacial applications can be made against a non-party to litigation. Bankers' Trust applications are also drawn on, and are described as a 'powerful tool' in the article.

The suggestion that the types of orders may change to fit litigation relating to data breaches, cyber fraud and cryptocurrencies is made, offering an interesting look into the future of offshore litigation.

The article also looks into the liquidators' powers to obtain information in these jurisdictions as well as a less frequently used method, letters of request.

The piece concludes with some thoughts on how these courts are responsive to global developments and well versed in cross border insolvencies and litigation, and offers the advice that if you think there may be information held offshore that could assist you in your efforts, it is likely to be worth speaking to a professional in that jurisdiction about potential ways to obtain it.