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...

Resources and protocols for tracing historic employers and employers’ liability insurers in NIHL claims

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

This Practice Note offers practical direction on locating defendants and insurers in Noise-induced hearing loss (NIHL) proceedings. In most NIHL matters, the exposure to noise that produced the auditory injury happened decades earlier. Workplaces may have shut, transferred ownership, businesses dissolved or been absorbed by other organisations, and at times even an online search reveals nothing about the claimant’s previous employer. In truth, finding the employer is frequently only the crucial opening step. If that entity has ceased trading, the insurer on risk during the claimant’s employment must then be identified and notified accordingly. A number of practical tools and resources can help when tracking defendants and insurers.

HMRC schedule

In virtually all NIHL cases, it is vital to secure the claimant’s employment history from HMRC. A request should be submitted using the HMRC employment history form. HMRC will supply the name of the claimant’s employer for each tax year as far back as 1961/1962. The HMRC schedule ought to be shown to the former employer or their insurer as proof of the claimant’s employment where the employer’s own archives do not extend that far. It is a requirement of the Pre-action Protocol for Disease and Illness Claims that the...

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Sue Brown

Susan Brown qualified as a solicitor in 1996, and was a partner and Head of Personal Injury at niche West End litigation firm Reid Minty until 2003, when she moved to the in-house legal team for Royal&SunAlliance. She was with Prolegal from 2007 to June 2016 as Head of Personal Injury and Professional Negligence. She is now a mediator and a director of Claims Portal and Medco.Sue has specialised in personal injury, clinical negligence and professional negligence claims for over 20 years and has a particular interest in asbestos disease claims and in complex psychiatric injury claims. She has handled a wide range of professional negligence claims including against solicitors, surveyors, architects and accountants.Sue talks and makes regular published contributions in the legal and national press on issues of personal injury, professional negligence, costs and funding.Sue was Chair of the Motor...

Web page updated on 21/05/2026

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