A Practical Guide to Equitable Tracing in Email Fraud Cases

In the digital age, email fraud is one of the most common and damaging forms of cybercrime. For legal professionals, the real challenge often lies not in identifying the fraud—but in tracing misappropriated funds and recovering them effectively.

That’s where equitable tracing becomes essential.

That’s why we are sharing this new Practice Note from Lexis+® Practical Guidance Hong Kong that offers practical guidance for lawyers dealing with email fraud legal remedies. Whether you're advising clients, litigating fraud, or navigating asset recovery in Hong Kong, this guide is designed to help you apply the right legal tools with confidence.

What You’ll Learn

This whitepaper breaks down the core principles of equitable tracing in email fraud cases, including:

• First-in-first-out (FIFO) and the Re Hallett rule: Understand how courts determine the order of withdrawals and protect claimants’ interests.
• The Lowest Intermediate Balance Rule: Learn how this rule limits recovery and how to work around it.
• Competing claimants and the pari passu principle: Discover how courts distribute funds fairly when multiple victims are involved.
• Why vesting orders in Hong Kong are falling out of favor—and how Section 25A of the High Court Ordinance offers a more reliable alternative.
• When to pursue damages or equitable compensation as a substitute for unrecovered funds.

Why This Matters for Legal Professionals

Equitable tracing is more than a theoretical concept—it’s a practical strategy for recovering stolen funds in fraud litigation. But it’s also a nuanced area of law, where the wrong approach can lead to lost opportunities.

This whitepaper helps you:

• Choose the most advantageous tracing method for your case
• Structure pleadings and reliefs effectively
• Avoid procedural pitfalls in fraud recovery legal strategy
• Stay current with Hong Kong High Court tracing principles

Who Should Read This?

This guide is a must-read for:

• Dispute resolution lawyers and litigators
• Fraud and asset recovery specialists
• In-house counsel managing financial risk
• Legal professionals handling cross-border fraud or cybercrime cases

Ready to sharpen your legal strategy?

Complete the form below to download the whitepaper and gain expert insights into equitable tracing rules for legal professionals.