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Misappropriation covers acts where someone in a position of trust improperly takes or uses another's funds or assets. A solicitor in this area investigates suspected theft, misapplication of assets, or diversion of funds, and may advise on civil actions to recover property, trace assets, or obtain remedies. They draft and conduct civil proceedings in the High Court or County Court, seek freezing or search orders where appropriate, and pursue proprietary remedies such as tracing, constructive trusts, and account of profits, often coordinating with forensic accountants and investigators. The work is shaped by the existence of fiduciary duties, schemes of misappropriation, and the need to secure the client’s position through timely, enforceable orders and evidence gathering.
The solicitor handles evidence collection, tracing of misappropriated assets, and orders that preserve assets; they rely on statutory and common-law fraud and property remedies, including tracing principles, constructive trusts, and account of profits, while coordinating with criminal investigations when appropriate. They draft and apply for injunctions, search and freezing orders, and court-ordered disclosures, and they negotiate settlements or pursue trials in the High Court or County Court, with attention to the security of client funds and regulatory expectations. They must navigate fiduciary duties, potential third-party involvement, and cross-border elements if assets have moved internationally.
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Tagged solicitor Andrew Main
I would like to thank you Andrew for being so kind and for making me feel less nervous on such a stressful day.
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