Warby J summarised the five criteria for the grant of a bankers Trust order: there must be good grounds for concluding that the money or assets about which information is sought belonged to the claimant.
whether there is a real prospect that the information sought will lead to the location or preservation of such assets.
the order should, as far as possible, be directed at uncovering the particular assets which are to be traced and the order should not be wider than is necessary in the circumstances.
the interest of the claimant is obtaining the order have to be balanced against the possible detriment to the respondents in complying with the order.
the interest of the claimant is obtaining the order have to be balanced against the possible detriment to the respondents in complying with the order.
Warby J
[2017] EWHC 487 (QB)
England and Wales
Citing:
Cited – Banker’s Trust v Shapira CA 1980
Enforcement through innocent third party bank
Two forged cheques, each for USD500,000, had been presented by two men and as a result USD1,000,000 had been transferred to accounts in their names. The plaintiff sought to trace assets through the banks involved.
Held: The court approved the . .
Cited by:
Cited – Fetch.AI Ltd and Another v Persons Unknown Category A and Others ComC 15-Jul-2021
Cryptocurrency Action
The claimants sought damages and other remedies saying that the unknown defendants had obtained access to the private key guarding their crypto currency assets, and then sold them at an undervalue, acquiring substantial profits for themselves in . .
Lists of cited by and citing cases may be incomplete.
Updated: 01 September 2021; Ref: scu.667436
