Following and tracing as processes in civil claims: evidential trail, pleading, proprietary versus personal remedies, and interim asset preservation (England and Wales)
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Practice notes
This Practice Note examines the practical considerations when assessing the proprietary processes of following and/or tracing in civil claims. For guidance on what following and tracing involve and when they might be available, see Practice Note: Proprietary remedies—following and tracing.
Following and tracing—not a remedy themselves
Although often discussed within the sphere of proprietary remedies, following and tracing are processes, not standalone causes of action or remedies. The fact that an asset can be followed or traced does not, by itself, establish whether the claimant has a legal claim against a person or in relation to property, or indicate what remedy (if any) could be pursued. You should therefore give careful thought to the potential causes of action you might advance and against whom, assuming the property can be followed and/or traced. While following and tracing are not limited to cases featuring dishonest or unlawful conduct, the causes of action identified in Practice Note: Civil fraud—heads of claim are frequently accompanied by assertions of a right to trace and follow, because the alleged fraudulent behaviour often entails some unlawful dissipation of property. This also recognises...
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Web page updated on 21/05/2026
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