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.