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Choosing remedies in tracing claims - Alastair Hudson
http://www.alastairhudson.com/trustslaw/Remediestracing.pdf#:~:text=Choosing%20remedies%20in%20tracing%20claims%20Aside%20from%20the,trust%3B%20the%20establishment%20of%20an%20equitable%20charge%3Band%20subrogation.
The Law of Tracing | Expert insights | Alston Asquith
https://www.alstonasquith.com/insights/the-law-of-tracing/
Lawyers will frequently refer to tracing as a remedy however that is not strictly accurate, as Lord Millet explained in the seminal case of Foskett v McKeown [2001] 1 AC 102, ... Nevertheless, for all of the obvious advantages of equitable tracing over common law tracing, tracing in equity is subject to one significant limitation: equitable ...
Tracing (law) - Remedies
https://www.liquisearch.com/tracing_law/remedies
Tracing (law) - Wikipedia
https://en.wikipedia.org/wiki/Tracing_(law)
Common Law Tracing | Equity & Trusts - YouTube
https://www.youtube.com/watch?v=cB_m82YRPG0
Tracing is process whereby the claimant can establish a proprietary claim. A successful tracing claim means that the claimant can recover their property, and take priority over other claimants in...
Common Law Remedies
https://cielawtutor.com/law-of-contract/unit-4-remedies-for-breach/common-law-remedies/
Common Law Remedies Remedies that are available to the innocent party in the event of a breach of contract can be divided into three categories: common law, equitable, and remedies which arise from the parties’ own agreement. All common law remedies are available as of right. Damages is the usual remedy for a breach.
Equitable Remedies in Common Law, an Analysis
https://www.lawteacher.net/free-law-essays/common-law/equitable-remedies-in-common-law.php
Thus, equity must be seen as a device to achieve an appropriate outcome where common law remedies are inadequate. The usage of damages is granted to a successful claimant as a matter of right; the historical basis of equity is to provide a softer outcome from this very static approach of the common law rights.
Common Law Remedies
https://cielawtutor.com/law-of-tort/unit-8-remedies/common-law-remedies/
The main remedies in tort are damages, which aim to compensate the claimant financially, and injunctions, which aim to stop or prevent the behaviour which comprises the tort. An award of compensatory damages may be composed of either general or specific damages. General damages are designed to compensate for the kinds of damage which the law ...
Common Law and Equity: The Differences Between The …
https://gradesfixer.com/free-essay-examples/common-law-and-equity-the-differences-between-the-rules-of-tracing/
In the case of Foskett, both Millet and Hope supported a single set of tracing rules applicable both at common law and in equity. Peter Birks also supports this notion that allows tracing to be cleanly separated from the business of asserting rights in relation to assets successfully traced, and argues the process should be viewed as neutral.
Tracing | Digestible Notes
https://www.digestiblenotes.com/law/trusts/tracing.php
Following and tracing are proprietary remedies; Tracing is a process. Tracing itself is not a remedy (Boscawen v Bajwa 1996) Therefore, 2 thing must happen: first, trace into the appropriate property; and, secondly, identify the best remedy to bring against that property ... ⇒ Common law tracing: you can trace to third parties but only ...
Choosing remedies in tracing claims - Alastair Hudson
http://www.alastairhudson.com/trustslaw/Remediestracing.pdf
which form of remedy is likely to be most appropriate in which type of situation: this will make the nature of each remedy easier to appreciate. 19.6.1 What form of remedy would be most appropriate: a charge, a lien or a constructive trust? The onus is on the claimant to claim the remedy which is most appropriate in the circumstances.
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