INTRODUCTION Contributed by: Gareth Keillor and Simon Bushell, Seladore Legal
Sanctions as a Source of Procedural and Practical Friction Sanctions regimes increasingly intersect with disputes, particularly where assets or counterparties are con - nected with sanctioned individuals, entities or jurisdic - tions. They may affect the identification of assets, the conduct of financial institutions or custodians, and the mechanics of payments into or out of court. Licens - ing requirements and reporting obligations may also impact the procedural conduct of litigation, including resulting in stays or delays to timetables. Funding and the Economics of Recovery The economics of civil fraud litigation also merit con - sideration. Asset tracing and recovery are frequently resource-intensive exercises involving extensive investigation, interim applications, and, in many cas - es, enforcement proceedings across multiple juris - dictions. As a consequence, litigation funding has become an increasingly visible element of the com - mercial litigation landscape. The Civil Justice Council’s 2025 review of litigation funding in England and Wales addressed the regula - tory framework governing litigation funding, includ - ing proposals for disclosure requirements, capital adequacy standards and limits on the degree of con - trol that funders may exercise over litigation strategy. Whatever form those reforms ultimately take, they reflect the extent to which funding is now regarded as an established feature of complex civil disputes, including fraud litigation, in particular, claims by office- holders (such as liquidators).
Concluding Observations International civil fraud and asset tracing increasingly intersect with adjacent areas of law and regulation. They draw upon private international law, interim relief, corporate transparency frameworks, sanctions analy - sis and the financing of large-scale litigation. The jurisdictional chapters in this guide necessarily address those matters within the context of particular legal systems. Nevertheless, certain broader themes can already be identified. Early access to information is frequently decisive. Interim relief remains central, but its effectiveness depends upon rigorous disclo - sure and compliance. Enforcement strategy must often be considered at the outset rather than at the conclusion of proceedings. Transparency reforms may also improve the evidential environment, although unevenly. Sanctions regimes may complicate other - wise straightforward recovery steps. The result is a field in which successful asset recovery increasingly depends upon procedural speed, cross- border co-ordination and a detailed understanding of the legal and corporate structures through which value is held and controlled, and the means of unrav - elling those structures.
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