CAYMAN ISLANDS Law and Practice Contributed by: Alan Bercow, Jae Shin and Ross McLeod, Appleby
such an order, which should be directed at iden - tifying the whereabouts of the property. Restrictions as to Use In the cases of both Norwich Pharmacal and Bankers Trust relief, applicants will be subject to express and implied undertakings to use the information or evidence for the purposes for which the leave was granted and not to use such information or evidence for any ulterior or collateral purpose. Applicants will be normally required by the court to provide express under - takings as to the use of any documents or infor - mation obtained (in addition to undertakings as to costs of compliance and cross-undertakings in damages). 2.4 Procedural Orders As noted in 2.3 Obtaining Disclosure of Docu- ments and Evidence From Third Parties , appli - cations for freezing injunctions, search orders and NPOs/Bankers Trust Orders can be made without notice. In those circumstances, the applicant is under a duty of full and frank dis - closure (as described in 2.3 Obtaining Disclo- sure of Documents and Evidence From Third Parties ). 2.5 Criminal Redress In the Cayman Islands, victims of fraud increas - ingly pursue dual-track approaches, seeking redress through both criminal and civil process - es. The Financial Crime Investigation Unit of the Royal Cayman Islands Police Service handles fraud investigations, with prosecution conduct - ed by the Office of the Director of Public Pros - ecutions under relevant legislation including the Penal Code (2014 Revision) and the Proceeds of Crime Act (2025 Revision). The court has the discretion to stay civil pro - ceedings when criminal matters are ongoing.
The benefits of pursuing criminal redress poten - tially include: • compensation orders under Section 33 of the Penal Code; • access to confiscation proceedings under the Proceeds of Crime Act; and • lower effort required by the victim (as pros - ecution is conducted by the State). However, victims have limited control over crimi - nal proceedings, with decisions on prosecution and case management resting with authorities. Fraud victims who have the funds to do so often prioritise civil remedies. 2.6 Judgment Without Trial Judgment in default can be awarded where a defendant does not participate in the proceed - ings, by not filing an acknowledgement of ser - vice or a defence within the prescribed time. Summary judgment can be awarded, without the need for a full trial, where the defendant has no defence to the claim or to the relevant part of the claim, in that the defendant has not shown a fair or reasonable probability that they have a real, or bona fide, defence (Merren v Cayman As a matter of professional conduct, an attorney must not make any allegation of fraud or dishon - esty unless they have clear instructions to do so and have satisfied themselves that there is reasonably credible material supporting a prima facie case (Rule 8.04 of the Code of Conduct for National Bank [2008] CILR 428). 2.7 Rules for Pleading Fraud
Cayman Islands Attorneys-at-Law). 2.8 Claims Against “Unknown” Fraudsters
The Cayman Islands courts have recognised that it is permissible for claimants to issue proceed -
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