Asset Tracing In Guernsey And Jersey

Unlike some other jurisdictions, such as England and Wales, pre-action disclosure is not generally available in Guernsey and Jersey (save for in certain defined circumstances). However, there remain some legal mechanisms whereby assets may be traced, identified and preserved prior to the commencement of substantive proceedings.

The two primary means are Norwich Pharmacal Orders and Bankers Trust Orders.

Whilst it is extraordinarily rare for allegations of wrongdoing to be raised against the islands' financial services businesses, they may be the target of relevant orders given the level of information that they hold in relation to transactions, account holders and those with a beneficial interest in the same.