The fraud toolkit: tracing, recovery and enforcement
Insight
To meet the rise and increasing sophistication of fraud – in England and abroad – victims need powerful legal tools and lawyers who know how to use them. Similarly, those wrongly accused of fraud can quickly find themselves embroiled in damaging English litigation and in need of urgent guidance to steer them through turbulent waters.
England and Wales is widely regarded as one of the leading global forums for the pursuit of civil fraud, asset-tracing and recovery claims: it offers a combination of procedural flexibility, judicial willingness to intervene early, and a sophisticated body of common law and equitable remedies (specifically designed to protect victims of fraud).
In appropriate cases, the English courts are willing to grant freezing injunctions (over worldwide assets) and disclosure orders, or to compel third parties (such as banks and other financial custodians) to divulge confidential information – and to do so on a 'without notice' basis to avoid tipping off fraudsters. The English courts contain specialist divisions led by judges with deep experience of commercial fraud and cross-border disputes which, when combined with the predictable, transparent and incorruptible nature of the English legal system, can add to the appeal of England as the jurisdiction of choice for pursuing fraud claims.
In this guide, we provide an overview of the key issues involved in fraud cases and outline some of the fraud litigation tools available in England:
- Jurisdiction and enforcement in cross border disputes
- Injunctions in fraud disputes: early action and asset preservation
- Asset Disclosure Orders in fraud and asset recovery claims
- Disclosure in fraud litigation in England and Wales
- Norwich Pharmacal and Bankers Trust orders: tracing assets and obtaining third-party disclosure
- Preventing destruction of evidence: search and imaging orders in fraud cases
- Digital fraud: crypto, AI and asset recovery
- Understanding key insolvency tools in fraud claims: transaction avoidance and director liability
- Conversion and recovering physical goods
- Judgment enforcement and asset recovery: key considerations
The Fraud & Asset Recovery team at Farrer & Co is consistently recognised for the strength of its civil fraud and asset recovery practice, acting for companies, trustees, financial institutions and high-net-worth individuals in complex and sensitive fraud disputes, including cross-border and offshore matters. We emphasise partner-led teams and early strategic assessment, including the swift but careful deployment of interim remedies and a recovery-focused litigation strategy. This is especially valuable in fraud cases where speed, judgement and tactical precision are critical and second chances are rare.
Our team is highly regarded by clients and peers (and opponents) for their judgement, diligence and understanding of complex disputes, alongside their ability to handle matters involving confidentiality, reputational risk and high personal or institutional stakes.
If you wish to discuss any of the matters covered in this guide in more detail, please contact Jolyon Connell or your usual contact at Farrer & Co.
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Farrer & Co LLP, June 2026
