Asset Tracing & Recovery Solicitors in Birmingham & London
As Featured In
Have you lost assets due to fraud? Witan Solicitors is a renowned fraud specialist law firm with a strong commercially-minded team of asset recovery lawyers who specialise in complex, high-profile fraud cases. We utilise various legal tactics, including asset tracing, freezing orders, disclosure orders and search and seize orders, to secure assets that have been misappropriated.
With extensive experience in UK and cross-border asset recovery, as well as non-performing loan recovery, our specialised white-collar crime solicitors based in Northampton, London and Birmingham can work across multiple jurisdictions. We have the skills and knowledge to not only investigate your case and obtain relevant evidence but also to represent you on trial and ensure that any judgement in your favour is enforced by the relevant authorities.
Whether you would like to raise an asset recovery claim against someone, or a claim has been made against you, you can rely on Witan Solicitors to offer an efficient and discrete service to resolve the matter as quickly and smoothly as possible.
If you require legal guidance on claiming compensation and retrieving assets in a commercial fraud case, speak to our asset recovery team at info@witansolicitors.co.uk for a no-obligation consultation.
What is Asset Tracing?
If you believe that your assets have been stolen, an asset tracing specialist can help you find and recover those assets. The process of tracing the events that have led to the disappearance of the assets, locating their current whereabouts, as well as taking legal action to freeze and recover those assets is all part of the asset tracing and recovery process.
Some of the assets that can be traced and recovered include:
- Property in the UK and abroad
- Company stock and assets
- Company shares
- Undeclared businesses
- Vehicles and heavy machinery
- Marine assets and vehicles
- Credit reports
- Undeclared bank accounts
Why Do I Need an Asset Tracing Solicitor?
Asset tracing is a complicated process which is regularly used in cases of suspected fraud and money laundering. Sometimes assets have already been spent or they have been hidden to make them hard to access. This is why it’s important to work with an experienced asset tracing and recovery team to ensure that action is taken quickly and efficiently.
At Witan Solicitors, we specialise in international law and we can assist you with asset tracing in recovery not only in the UK but also abroad. As part of our asset tracing process, we will conduct an asset check to find any hidden assets. This ensures that you can take legal action to freeze any assets before they are spent and recover your assets as quickly as possible. All searches we undertake are compliant with the legal procedures and the evidence uncovered by us can be used in court to support your case.
How We Can Help
At Witan Solicitors, we have been helping victims of civil and commercial fraud since 1986. We have vast expertise in tracing and recovering assets for clients across all industries. With more than five decades of experience, we know what it takes to devise and implement a successful asset recovery strategy including:
- In-depth case analysis and strategy assessment
- Asset tracing (nationally and internationally)
- Non-performing loans service
- Freezing orders/injunctions
- Third-party disclosure orders
- Obtaining evidence (search and seize orders)
- Travel ban and passport orders
- Conducting investigations and making discreet enquiries
- Search orders
- Disclosure orders
- Orders for questioning
- Third-party disclosure orders
- Travel restraint orders
- Instructing tracing agents
Our Awards
We are immensely proud of the Commercial team, whose outstanding work has been recognised by SME News and APAC Insider.
Asset Tracing
To be able to recover any misappropriated assets you have to be able to find them first. Our asset recovery experts use various techniques to “follow the money” and track the movement of your assets across different accounts and jurisdictions. We have experience with tracking cross-border assets, as well.
Evidence Gathering
We have a number of legal tools in our arsenal that allow us to gather valuable evidence to help you recover your assets in court. For example, we can obtain evidence from third parties, such as banks and mobile phone operators, using disclosure orders, and we can also secure search and seize orders to get evidence that may be located in the fraudster’s private or business property.
Freezing Orders
Once we have traced your assets, we can secure a freezing injunction against the defendant so that the assets cannot be dissipated or disposed of. Our asset recovery lawyers can also take action against the other party if they fail to comply with the freezing order.
Recovering Asset
Once we have gathered all the evidence and we have made a claim, the court could either issue a summary judgement against the defendant directly or take your case to trial where our team will represent you. Once the court has ruled in your favour, our asset recovery solicitors will ensure the enforcement of this judgement so you receive what you are owed.
In some cases, the defendant may be willing to offer a settlement agreement in which case we will advise you whether accepting the proposition is in your best interest and negotiate better terms if needed.
Non-Performing Loans Recovery
Due to our commercial fraud experience, at Witan Solicitors, we can also assist you in the recovery of non-performing business loans. We provide a loan, mortgage and cash flow analysis, as well as asset valuation, to build the most efficient legal strategy.
Asset Recovery Defence
If you are facing an asset recovery allegation and you believe that your rights have been breached by unfounded freezing and seizure orders, we can offer confidential legal advice for a quick resolution. By taking swift action, we can minimise the damage to your reputation and the negative impact of the proceedings on your daily life.
Our Asset Tracing Services
Our asset-tracing and recovery solicitors deliver successful and efficient asset-tracing strategies based on the specific circumstances of each case we work on. We offer a wide range of services including:
Gathering Information
Our team has extensive experience conducting inquiries to learn as much as they can about a defendant and their assets. We know how crucial it can be to avoid giving the defendant any information due to the possibility of additional concealment. Therefore, we take care to carry out all investigations thoroughly to reduce the chance of the defendant developing doubts.
Within such investigations, information is gathered from reputable sources such as the Land Registry and Companies House.
Lifting The Corporate Veil
The legal division between a business and its members is known as the “corporate veil.” Limited firms are typically regarded as distinct legal entities from the people who own and operate them. They can possess property and are responsible for their own debts. However, the corporate veil may be lifted to reveal the facts, enabling the claimant to pursue their claim against the accountable parties if someone employs a company structure to hide assets in legal proceedings.
Search and Seize Orders
In civil lawsuits, claimants may be able to get injunctive relief by a variety of means, including search and seize orders.
These orders enable a claimant and their solicitor to go into the defendant’s residence or place of work to look for, copy and retrieve information and materials, such as private data or intellectual property that the defendant may have obtained through fraud or theft.
These orders are challenging to get and require specialised legal advice as they can have devastating consequences for the defendant.
Disclosure Orders
Another type of injunctive relief is a disclosure order. This order enables a claimant to learn the worth and whereabouts of assets as well as other facts that can help their case.
Orders For Questioning
When a county court judgement has been rendered in favour of the claimant concerning an unpaid debt, the claimant may request an order for questioning (also known as an order to obtain information) to compel the defendant to appear in court and respond to specific questions about their assets and financial resources.
Such orders may be necessary if the defendant is refusing to pay the balance of the judgement and refuses to help the claimant with their efforts to determine their capacity to pay. When considering whether to pursue additional enforcement action and what kind of action to take, the claimant might use the outcome of the proceedings as guidance.
An order for interrogation can be used to convince a defendant to comply because disobeying one could be viewed as contempt of court and even lead to committal procedures.
Third-Party Disclosure
Third parties might be helpful sources of information if a debtor is withholding information about the whereabouts or value of their assets. Information might be available from financial institutions, real estate brokers, qualified experts, and other parties. In addition, the claimant might be able to get a disclosure order against a third party to force them to divulge information.
Travel Restraint Orders
A court could be willing to issue a travel constraint order in some circumstances to stop a defendant from evading justice or hiding assets by fleeing the country.
Instructing Tracing Agents
Tracing agents are experts that can be hired to find somebody and give a report on their whereabouts and possessions. Locating debtors and assets abroad can also be requested by international tracing agents.
In many circumstances, tracing agents can also be asked to serve court papers, such as a summons to appear in court for interrogation over assets. This enables claimants to locate defendants and personally serve them with legal documents.
Tracing agents can conduct a variety of investigations, such as credit checks, to learn important details about the kind of accounts the defendant has and their outstanding debts.
How Long Will I Need to Wait to Recover My Assets?
Asset tracing and recovery can take anywhere between 8 and 18 months. The process is quite complex but once it has begun, the legal proceedings don’t take very long. Seeking legal advice from an asset tracing solicitor as soon as possible allows you to quickly gather all necessary information, enabling the prosecution to move against the wrongdoer and recover your assets swiftly.
How Much Does Asset Tracing Cost?
The cost of asset tracing will depend greatly on the complexity of your case and the specific actions we will need to take based on your unique circumstances. We can offer an estimate as soon as we know more about your case, which is why we offer a free initial consultation. This no-obligation discussion allows us to learn more about your situation, and explain how we can help and how much it would cost. At the end of your initial consultation, you will have all the information you need to decide whether you would like to work with our asset-tracing solicitors.
For an overview of our funding solutions, you can check our Funding Your Case page. To book your no-obligation consultation, email us at info@witansolicitors.co.uk today.
Our Clients
Our experienced team of asset-tracing solicitors in London, Birmingham and Northampton offers legal advice to both individuals and businesses who are looking to recover stolen assets. Whether you suspect that your business partner has defrauded you by stealing money or property from the company, or you are going through a difficult divorce and you think your spouse is hiding assets from you, we can help you uncover the truth and recover anything that is rightfully yours.
We can also provide legal support if you have been accused of fraud and hiding assets and protect your best interest when you are the subject of an investigation.
Contact Us
Based in London, Birmingham and Northampton, our expert asset tracing and asset recovery lawyers have helped hundreds of fraud victims nationwide. Looking for advice on your case? Get in touch at info@witansolicitors.co.uk to book your initial, no-obligation consultation with one of our asset recovery experts.
Why choose Witan Solicitors?
- 100+ Years of Combined Experience: With hundreds of years of combined experience our team has the expertise to resolve your fraud, asset tracing and recovery case
- Proven Track Record: We have been winning cases for our clients since 2014 and we will fight to win yours too
- Legal 500 Recognised: Our Solicitors have been recognised in the Legal 500
- Industry Experts: Constant self-improvement is at the core of our principles and we never stop learning to offer our clients the best legal advice
- Multilingual Support: We assist UK and international clients in over 10 different languages
- Asset tracing & recovery experts near you: You can find our asset tracing & recovery solicitors in London, Birmingham and Northampton
Find out how we can help and decide whether you want to work with us – benefit from a no-obligation consultation, free of charge. Speak to our fraud, asset tracing and recovery team.
FAQ
What is civil fraud?
Civil fraud (also known as commercial fraud) applies to situations where the defendant has made a fraudulent misinterpretation to the claimant, or in other words – when someone has consciously misled you to acquire assets that belong to you. At Witan Solicitors, we have a specialised team of civil fraud solicitors who can offer advice on all types of fraud.
What’s the difference between civil fraud and criminal fraud?
In a criminal fraud case, the defendant is being persecuted by the authorities for committing a criminal offence. A civil fraud claim can be made parallel to the criminal case by an individual who is looking to get compensation or recover misappropriated assets.
How can I freeze someone’s assets?
To freeze someone’s assets, you need to be granted a freezing order. A freezing order can be granted only if:
- You have a cause of action
- The order is just and convenient
- You have a valid case supported by evidence
- There is a risk that the defendant will dissipate the assets
If you intend to bring a freezing order against someone, you are required by law to give a ‘full and frank disclosure’. If at a later stage it’s proven that you withheld information or provided misleading information, you will be liable for damages incurred by the defendant as a result of the freezing injunction issued against them.
If I’m trying to recover assets from a couple, do I need to start two separate investigations?
If it’s suspected that both individuals in a couple may have hidden assets under their own name, then it may be best to take separate asset tracing action against each one of them. However, every case is different, so it’s always best to speak to your asset-tracing solicitors to receive specific advice tailored to your circumstances.
Can you perform an asset check on a business?
We can find out detailed information about a business’s earnings – from their assets to their profits and losses. This is done as part of the Due Diligence process involved in asset tracing. It is also possible to conduct international business assets checks. However, this has to be done by an international law expert as the steps that need to be taken to perform those checks across borders vary. Failure to comply with each country’s laws and regulations can prevent you from using the evidence you’ve gathered in court.
Can you find information about the bank details of an individual?
Personal data, such as bank details of an individual, is protected by the Data Protection Act 2018 and any bank and mortgage account investigations must be compliant with the act. Highly privileged searches can be undertaken against individuals who are non-responsive or are obstructing the Police or the Court when it comes to revealing their assets.
Are your asset tracing and recovery services available outside the UK?
Yes, our asset tracing and recovery solicitors can assist you with cross-border cases and track assets outside of the UK.
What is the role of a forensic accountant in an asset recovery case?
A forensic accountant’s role is to analyse the financial accounts of the subject of an asset tracing and recovery case. They can track the movement of assets across accounts in different jurisdictions. Their findings can be used as evidence in court. A forensic accountant can also be called in to testify as an expert witness.
What can I do if during a divorce my ex doesn’t fully disclose their assets?
Full disclosure of all assets is obligatory during divorce proceedings in the UK. This allows the Court to assess fairly and judge who should get what in the divorce. If your former spouse doesn’t comply with this requirement, any financial settlement already agreed can be cancelled. If the omission has been done deliberately, you could take further legal action against them.
What type of assets could be hidden during a divorce?
Sometimes spouses will try to hide assets in an attempt to prevent them from being taken away during a divorce. This can include anything from money and property to investments, shares and business assets. Asset tracing can help you uncover any hidden assets, regardless of whether they are in the UK or not.
Can I do something to prevent my spouse from hiding their assets?
If you believe that your spouse may attempt to hide assets during the divorce, you could take preventative action by submitting a court application to freeze their assets. If you think this might be the case, it’s important to seek legal advice as early as possible.
Qarrar Somji
Solicitor-Advocate
Qarrar qualified as a Solicitor Advocate in 2014 having previously had experience in a varying range of litigation roles.
What our customers say
Norwich Pharmacal Orders – How to Uncover Wrongdoers in Litigation
In modern litigation, a key challenge for claimants is identifying the party responsible for wrongdoing. This frequently arises in fraud,…