Follow the money

How may a claimant employ tracing to identify property that has passed into a defendant’s hands? In the first of a three-part series Charles Fussell of Herbert Smith discusses the context in which tracing emerged and the rules that govern its use both at law and in equity

Charles Fussell may be contacted on tel: +44 (0)20 7374 8000, email: charles.fussell@herbertsmith

What is tracing?

Tracing is a means of identifying property. It is not of itself a claim or a remedy. To say that the claimant can trace does not automatically mean that he has a successful claim. Rather, it is necessary when there is any question as to whether the defendant received, or received and still holds, the claimant’s property, or more accurately, value representing his property.