Bankers Trust orders: asset-tracing disclosure requirements, evidence, service out, foreign respondents, enforcement, and relationship with Norwich Pharmacal (England and Wales)
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Practice notes
This Practice Note outlines the court’s power to grant a Bankers Trust order and explains the character of that remedy. It traces the origins of the equitable jurisdiction and sets out the conditions that must be satisfied before the court will make such an order. The guidance also considers how a Bankers Trust order may assist claimants seeking to recover property, and suggests how an applicant should assemble its evidence to maximise the likelihood of success...
What is a Bankers Trust order?
A distinctive aspect of a ‘Bankers Trust order’ was identified by the Supreme Court in Wolverhampton City Council v London Gypsies and Travellers as an injunction capable of being made against a defendant even where no cause of action is present. The Supreme Court reiterated this position two years later in Abbasi v Newcastle upon Tyne Hospitals NHS Foundation Trust. The judgment in that case referred to this point to show that such orders can bind individuals and organisations who are not themselves likely to carry out any act infringing the rights of others...
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Web page updated on 21/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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