Law and Practice
1. Identifying Assets in the Jurisdiction
1.1 Options to Identify Another Party's Asset
Position
In Cayman Islands litigation, there is no general obligation
upon a party to disclose their asset position, and publicly
available information is limited.
There are central ownership registers for land, ships, aircraft
and motor vehicles, but not for other types of movable or immovable
property. Information contained in company share registers, and in
the newly introduced beneficial ownership register, is not publicly
available.
However, the Cayman Islands courts will, in appropriate cases,
make asset disclosure orders in support of freezing injunctions.
Likewise, there is a well-established and flexible jurisdiction to
grant Norwich Pharmacal and Bankers Trust relief in order to obtain
information from an innocent party who has become "mixed
up" in wrongdoing. The respondents to such applications in the
Cayman Islands are typically banks and