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Civil & Commercial | England & Wales

Third-party disclosure and identifying wrongdoers

Choosing the right disclosure route when a bank, platform or other intermediary holds information needed to identify a wrongdoer or trace assets.

KEY ANSWER

The position in brief

Before seeking information from a third party, identify what is missing and the legal purpose for obtaining it. Identifying an unknown defendant, tracing property and obtaining evidence in an existing claim are different tasks. A demand letter alone does not override confidentiality, privilege or data-protection obligations.

Legal issues

Norwich Pharmacal relief can assist a person seeking redress for an arguable wrong where an intermediary has become mixed up in it; necessity and proportionality matter. Bankers Trust relief concerns locating or preserving property in which a proprietary interest is claimed. CPR 31.16 addresses pre-action disclosure between likely parties, while CPR 31.17 addresses qualifying non-party disclosure in proceedings. These routes are not interchangeable.

This guide concerns England and Wales.

For the wider service, see Civil Fraud & Asset Recovery Solicitors. Related decisions are covered in Summary judgment in business disputes and Unfair prejudice and minority shareholder remedies.

Evidence that matters

Preserve payment confirmations, account details, transaction identifiers, original emails and platform messages. Identify the legal entity likely to control the information, not simply the brand name on an app. Keep a transaction chronology distinguishing verified facts, technical tracing and inference. If a payment is recent, contact the bank promptly about its own fraud and recovery process.

Reasonable lines of enquiry

Write a narrow information schedule: identity information for a specified account, records of identified transfers or documents addressing a defined issue. Explain why the holder is likely to possess it and what has already been tried. Do not ask for every customer record or assume an IP address proves who personally committed a wrong.

What happens next

Assess jurisdiction, service, confidentiality and the information-holder’s compliance costs before applying. An overseas respondent requires particular care. A disclosure order may identify another intermediary rather than the ultimate wrongdoer, so further steps may be needed. Disclosure itself neither freezes assets nor establishes liability; any preservation or substantive claim must be considered separately.

Immediate steps

Retain original evidence and identify time-sensitive retention risks. Obtain advice before alerting a suspected fraudster where there is a real dissipation concern. Do not use impersonation or unauthorised access to collect information. Limit sharing of personal data to the purpose for which it can lawfully be used.

What should you send us?

Send the transaction trail, loss calculation, known identifiers, correspondence with intermediaries and any existing claim documents. Identify where the parties and relevant accounts appear to be located.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can assess the route, define the information sought and prepare the supporting evidence with counsel or technical specialists where appropriate. The decision should consider likely usefulness, enforceability and cost against the value and recoverability of the underlying claim.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Can I order a bank to identify its customer?

Not simply by demanding it. Voluntary disclosure and court-ordered disclosure have different legal bases and safeguards.

Does obtaining the name recover my money?

No. Identification may enable a claim or tracing step. Recovery depends on liability, available assets and enforcement.

Can a disclosure order be used for publicity?

Do not assume that. Orders and procedural rules may restrict use of the information. Check the permitted purpose before sharing it.

NEXT STEP

Assess a third-party disclosure route

Tell us the next deadline and the documents you have received. Call 0843 636 7687 or email [email protected] to discuss the appropriate next step.

Assess a third-party disclosure route