Jurisdiction(s):
United Kingdom

Key definition

Tracing definition

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...

Fraud and Asset Recovery: Tracing, Personal and Proprietary Claims, Freezing and Proprietary Injunctions, and Disclosure Orders

Published by a LexisNexis Private Client expert

Practice notes

It will hardly surprise practitioners that their older clients are the most vulnerable to financial abuse. Frequently, the wrongdoing is not uncovered or detected until after it has occurred. Whether any redress is available after the event largely depends on the nature of the fraudulent conduct that has been carried out. Accordingly, the principal bases under which a claim may properly be advanced are:

Common law fraud, sometimes referred to as the law of deceit
equitable fraud — breach of Fiduciary duty where one party assumes responsibility for the property and affairs of another
undue influence where the advantage to one party is entirely out of proportion to the consideration given
mistake
the liability of third parties

Once it is established that the client falls within one of these categories, there are several potential remedies that can be pursued thereafter:

personal claims:
- damages for deceit
- equitable obligation to account
proprietary claims:
- Tracing at common law
- tracing in equity

Personal claims

Personal claims are generally brought to compensate the individual for the loss they have suffered, with no regard to any profits the fraudster may have realised through the misappropriation of assets...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

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 ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

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 ]...