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Tracing meaning

What does Tracing mean?
Tracing is the evidential and analytical process used to identify trust property, or its value, as it moves from one asset into another, so a claimant can assert a proprietary claim to the substitute or proceeds. It is not a remedy, but a method of proof developed by case law rather than statute. Lawyers distinguish tracing from following: following tracks the same asset; tracing identifies its product or substitute. In England & Wales, Northern Ireland and Ireland, both common law tracing (into identifiable unmixed assets) and equitable tracing (into substitutes and mixed funds) are recognised, supporting claims to misapplied trust assets, mistaken payments and fraud proceeds. Equitable tracing is subject to defences (notably the bona fide purchaser for value without notice) and case-law rules for mixed accounts and competing claims. In Scotland, “tracing” is a descriptive label rather than a separate equitable doctrine. Scots courts allow claimants to follow property or its value into substitutes and proceeds under Scots property and trust principles and the law of unjustified enrichment, with different terminology and analysis but broadly similar practical outcomes. Tracing is practically significant in insolvency and breach of trust litigation, as it underpins proprietary claims, equitable liens and proprietary injunctions and may...
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NEWS
UK/EU restructuring and insolvency weekly: Supreme Court fiduciary ruling, Part 26A plans, payment institution special administration, Budget and FSCS updates, EU harmonisation, key dates—27 November 2025

Restructuring & Insolvency weekly highlights—27 November 2025 In this issue: Key R&I law developments Insolvency litigation Restructuring Directors and insolvency The office-holder Financial institutions R&I in Scotland Daily and weekly news alerts Key dates for restructuring and insolvency professionals New content New Q&As Key R&I law developments Budget 2025—key Restructuring & Insolvency announcements On 26 November 2025, the Chancellor of the Exchequer, the Rt Hon Rachel Reeves MP, set out measures of note for restructuring and insolvency practitioners. Plans cover business rates changes, hiring extra Insolvency Service staff to combat abusive phoenixism and rogue directors, the creation of the Public Authorities Fraud Investigation and Enforcement Service, and adjustments to National Insurance Contributions. See: LNB News 26/11/2025 65. Council of the EU agrees directive harmonising insolvency law across member states Negotiators for the Council of the EU and the European Parliament have reached a provisional deal on a directive aligning...

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NEWS
Ephgrave resets the UK SFO: domestic fraud prioritised, quicker charging decisions, dawn raids and asset-tracing, under ECCTA 2023’s broader corporate liability—without abandoning complex overseas bribery

The new probe into an alleged investment scam run by the property developers Carlauren Group The fresh inquiry into a purported investment fraud linked to property developer Carlauren Group signals that the white-collar watchdog is zeroing in on sprawling, intricate domestic scams that have left tens of thousands short-changed. Prioritising fraud underscores the magnitude of the challenge confronting consumers across Britain, while also indicating that Ephgrave recognises the SFO must bring matters to a conclusion more rapidly. According to Alex Swan of Greenberg Traurig LLP, the director has plainly committed to tackling fraud and to sending a strong message that the SFO will not only chase what some see as ‘big ticket’ cross-border work, but will also safeguard members of the UK public who have been defrauded. This case follows a succession of arrests and searches executed by the SFO since Ephgrave succeeded Lisa Osofsky in September 2023. In his first address, Ephgrave vowed the SFO would be faster, quicker, bolder and ‘more efficient’, with a goal...

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NEWS
European Commission Phase I merger clearances: Etix Everywhere JV (Infranity/Eurazeo, M.11618) and I-Tracing (Eurazeo/Oakley, M.11627); plus UK competition calendar — 16 August 2024

Mergers The Commission approved: the purchase of joint control of the joint venture Etix Everywhere Holding by Infranity Equity Fund SCA SICAV-RAIF and Eurazeo Transition Infrastructure Fund (M.11618) following a phase I review—see further, Midday Express the purchase of joint control of I-Tracing Sas by Eurazeo Global Investor SAS and by Oakley Sotogrande Luxco S.à rl (M.11627) following a phase I review—see further, Midday Express NOTE—For every ongoing merger inquiry before the Commission, see further, EU mergers—ongoing cases tracker Upcoming dates For timetable of forthcoming UK competition matters, see further, UK Competition calendar...

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PRACTICE NOTES
Tracing Debtors, Respondents and Children’s Whereabouts via Government Departments under FPR 2010 PD 6C (England and Wales): Applications, Procedure and Practice Points

Where a respondent (debtor) cannot be located, enforcing an order becomes problematic. If nothing useful is known and no redirection address exists, information may be sought from government departments. This Practice Note explains when departmental data may be obtained to identify a debtor/respondent’s address, the steps for making an application, the relevant Family Procedure Rules 2010 (FPR 2010), SI 2010/2955—most notably FPR 2010, PD 6C and FPR 2010, SI 2010/2955, Pt 18—and summarises the details government departments require. It covers applications issued on or after 6 April 2022; for the Practice Direction that applied to applications issued before 6 April 2022, see the earlier version referenced there... Application On an applicant’s request, the court may ask government departments to disclose the address of a debtor who cannot be traced. The governing provisions sit within FPR 2010. From 18 January 2023, FPR 2010, PD 6C was replaced by a revised PD 6C for applications issued on or after 6 April 2022; for the previous iteration applicable to earlier applications,...

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PRACTICE NOTES
Claims against directors: 2026 decisions on limitation for conversion of assets, CA 2006 s 44 good faith, Duomatic ratification, and personal liability for fraud, conspiracy and tracing (England and Wales)

This Practice Note distils cases pertinent to claims against directors. It illustrates the wide spectrum of actions and questions that may surface in director-focused proceedings, with an emphasis on decisions from February 2026 onwards. For digests of rulings before 2026, see Practice Note: Claims against directors—key and illustrative decisions [Archived]. For guidance on the principal heads of claim relevant to director disputes, and the practical points worth addressing at the outset of any claim against a director, see Practice Note: Claims against directors—key considerations for dispute resolution practitioners. Case details and analysis Court of Appeal: South Bank Hotel Management Company Limited v Galliard Hotels [2026] EWCA Civ 56 — News Analysis: Conversion under section 21(1)(b) of the Limitation Act 1980 and good faith pursuant to section 44(5) of the Companies Act 2006 (South Bank v Galliard) — Judgment date: 6 February 2026 Chancery Division (Business List): South Bank Hotel Management Company Limited v Galliard Hotels [2024] EWHC 2482 (Ch) — Judgment date: 14 October 2024...

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PRACTICE NOTES
Proprietary remedies and claims following rescission or rectification: trusts, tracing, counter-restitution, third-party rights and pleading guidance

This Practice Note explores the availability of proprietary remedies (that is, remedies attaching to specific property, as opposed to a personal remedy, for example a damages claim) in the wake of rescission and rectification. Where a contract (or a gift) has been rescinded, or a contract has been rectified, one party may find themselves having incurred some loss as a consequence of the rescission or rectification. For example, when a contract is unwound the purpose is to restore the parties to the position they would have occupied as if the contract had never been made; yet, before rescission, property may have moved from one party to another, or to someone else. In that way, a claim in restitution may become available to deliver an appropriate form of relief. Such relief focuses on the property itself alone. What is rescission? Rescission is an equitable remedy designed to return the parties to the position they would have been in before a contract was formed or a gift was conferred. Under...

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PRECEDENTS
Residual Client Account Balance Record and Decision Form: Tracing Owner, Charity Payment (£500 or less), or SRA Authority (England and Wales)

The individual responsible for deciding how to handle the residual balance in question should complete this form. 1 Client and matter Name of client (if known) [ [ Insert ] OR ☐ Not known ] Client reference (if known) [ [ Insert ] OR ☐ Not known ] Matter reference (if known) [ [ Insert ] OR ☐ Not known ] Fee earner (if known) [ [ Insert ] OR ☐ Not known ] Description of matter to which the residual balance relates (if known) [ [ Insert ] OR ☐ Not known ] Is the file available to check? ☐ Yes ☐ No ☐ Not known 2 Money held Amount of residual balance £[ insert ] How long have the funds been held? [ [ Insert ] OR ☐ Not known ] Is the money held in a client account?...

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