Following the collapse of the world financial markets, many jurisdictions are experiencing increased litigation activity, much of which involves elements of fraud and asset tracing. Mavera injunctions (freezing orders) remain a crucial tool in ensuring that dishonestly obtained assets are not put beyond the reach of successful litigants or legitimate creditors. However, to meet the increasing complexity of corporate dealings and commercial relationships the law in this area is evolving significantly. Against this background, this article: sets out the difficulties faced by litigants/creditors when seeking freezing orders against third parties in foreign jurisdictions, details the case law development of the Chabra jurisdiction, and details how the Chabra jurisdiction has been specifically recognised and applied in the Cayman Islands.

This article is part of the PLC multi-jurisdictional guide to corporate crime, fraud and investigations law. For a full list of jurisdictional Q&As visit www.practicallaw.com/corporatecrime-mjg.