Bankers Trust orders


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert
Practice notes

Bankers Trust orders


Published by a UUÂãÁÄÖ±²¥ Dispute Resolution expert

Practice notes
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This Practice Note explains the court’s ability to make a Bankers Trust order and the nature of such an order. It examines the origins of this equitable jurisdiction; and describes the requirements to be shown for the court to make such an order. The guidance will also address the impact a Bankers Trust order may have for claimants seeking to recover property, and suggest ways in which an applicant should prepare its evidence to maximise the chances of success in obtaining such an order.

What is a Bankers Trust order?

A ‘Bankers Trust order’ was explained by the Supreme Court in its judgment in Wolverhampton City Council v London Gypsies and Travellers as:

‘[an] injunction which can be issued against a defendant in the absence of a cause of action’.

This was by way of illustrating the point that ‘the grant of injunctive relief is not always conditional on the existence of a cause of action’, and other examples were given where this is so. The touchstone with a Bankers Trust order is to assist a claimant to locate

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United Kingdom
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