Jurisdiction(s):
United Kingdom

Related legal acts

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...

Section 236 Insolvency Act 1986 investigations, equitable tracing (including substitution and backwards tracing), and practical considerations for insolvency office-holders’ asset recovery

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

Businesses may either suffer fraud or be used by their own management to commit it. In the first scenario, corporate property is diverted. In the second, the enterprise may trade partly legitimately or lack any real business. Either way, insolvency may follow. Once appointed, the office-holder will seek to uncover events, trace assets and recover value for creditors.

Investigation and enquiry into a company’s assets

After a decision is taken to appoint an insolvency practitioner (IP), the Insolvency Act 1986 (ia 1986) grants powers allowing the office-holder to probe the company’s affairs and investigate its dealings, then gather in its assets.

Under IA 1986, s 236, an administrator, administrative receiver, liquidator or provisional liquidator may ask the court to order certain persons to supply information about the company and/or its dealings, produce any books, papers or other records in their possession or under their control concerning the company, and, if needed, attend a private examination before the court:

any company officer
any person known or...

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

Amy Mullen

Weightmans

Amy has experience working on a broad variety of legal disputes, ranging from contractual disputes (including breach of contract and breach of restrictive covenant claims across a variety of different sectors and industries), unfair prejudice claims, directors and shareholder disputes, as well as various GDPR, defamation and intellectual property claims.Amy’s experience ranges from assisting client’s with pre-action advice and settlements to managing cases all the way through to trial. Amy has worked on cases of various values and complexities in County Courts, the High Court as well as the Court of Appeal and Supreme Court. Notably, Amy was part of the team representing UK Trucks Claim Limited within the Supreme Court case R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28, a landmark case concerning the enforceability of litigation funding...

Mark Surguy

Weightmans

I am a career-long private practice general commercial litigator with particular expertise in complex commercial fraud. I have a special interest in computer forensics and E-Discovery, and I am the consulting editor of “International E-Discovery” published by Globe Law & Business.As an adjunct to my involvement in criminal and civil fraud cases I also give advice in respect of data privacy and insolvency.My practice encompasses cross-border investigations and litigation and I am very involved with my firm’s international membership of Legalink.I am a regular speaker and writer on subjects concerning data management, fraud and e-discovery.From 2012-2018 I chaired the Midlands Fraud Forum....

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 ]...