As I referenced earlier it is possible to obtain a freezing order without notice to the defendant and to also obtain at the same time an order requiring disclosure of assets. The freezing order is also binding upon third parties and accordingly anyone who knows of the order and assists the defendant to breach it will be at risk of being held in contempt of Court.
Where there is a prima facie case of fraud and disclosure is necessary from a third party to recover, trace or preserve assets a Bankers Trust order can be obtained. Another option for third party disclosure is a Norwich Pharmacal order, which requires a third party involved in the wrongdoing to turnover information. These orders can be coupled with a gagging order which the Cayman Court has an inherent jurisdiction to grant in order to restrain a third party from communicating with the intended defendant about the disclosure orders.
