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Tracing (law) - Wikipedia
https://en.wikipedia.org/wiki/Tracing_(law)#:~:text=%20The%20common%20defences%20to%20an%20equitable%20tracing,always%2C%20by%20an%20innocent%20third%20party%29%20More%20
DEFENCES TO TRACING CLAIMS - Alastair Hudson
http://www.alastairhudson.com/trustslaw/defencestracing.doc
Under English law at present there are a number of defences to a tracing claim: change of position, passing on, estoppel by representation and bona purchaser for value without notice. The cases seem to be pulling in different directions: some towards restitution of unjust enrichment, others towards general equitable principles (principally based on estoppel).
Defences Tracing | Restitution | Estoppel - Scribd
https://www.scribd.com/document/386234774/Defences-Tracing
Under English law at present there are a number of defences to a tracing claim: change of position, passing on, estoppel by representation and bona purchaser for value without notice. The cases seem to be pulling in different directions: some towards restitution of unjust enrichment, others towards general equitable principles (principally based on estoppel).
Tracing (law) - Wikipedia
https://en.wikipedia.org/wiki/Tracing_(law)
Tracing | Digestible Notes
https://www.digestiblenotes.com/law/trusts/tracing.php
It is a pre-requisite for an equitable tracing claim that the the claimant had some equitable interest in the original property, or that the person who transferred the property away had some fiduciary relationship to the claimant (such as being a trustee) ... ⇒ This defence will be available to a defendant who has received property and, on ...
Tracing in English law - Wikipedia
https://en.wikipedia.org/wiki/Tracing_in_English_law
Defences to tracing are possible, particularly if returning the property would harm an innocent defendant, where the claimant has made false representations that the defendant relied on to his detriment, or where the property has been transferred to an innocent third party without anything given to the defendant in return that the claimant could recover in lieu.
Tracing The Loss of the Right to Trace - ChBA
https://www.chba.org.uk/for-members/library/overseas-seminars/1b-tracing
circumstances in which tracing can be said to be unavailable is, one, well known to litigators, namely “defences”. However “defence” properly describes the basis on which a respondent to a claim can successfully resist the claim. Thus the use of the word “defences” presupposes that tracing is itself a claim.
Tracing question and answer - Tracing General issues ... - StuDocu
https://www.studocu.com/en-gb/document/university-of-nottingham/law-of-trusts/tracing-question-and-answer/14174038
The only defences available are acquiescence and that available for a bona fide purchase for value without notice. The law in this area needs reform so it is clear when tracing is available. Equitable tracing remedies. If tracing is possible either an ownership interest or a security interest (lien or charge) may be available.
Choosing remedies in tracing claims - Alastair Hudson
http://www.alastairhudson.com/trustslaw/Remediestracing.pdf
Aside from the loss of the right to trace, remedies in relation to tracing claims will typically include: the establishment of a resulting trust; the establishment of a constructive trust; the establishment of an equitable charge; and subrogation. Having considered the nature of the tracing process, it is important to consider the types
Following the money: The doctrines of knowing …
https://www.blg.com/en/insights/2020/04/the-doctrines-of-knowing-assistance-knowing-receipt-and-the-tracing-of-defrauded-funds
Tracing is accomplished using principles of trust law and the imposition of a constructive trust, through which one party is deemed to hold property in trust for, or for the benefit of, another. A constructive trust is an equitable remedy that can arise whenever equity and good conscience require the imposition of a trust, and can be applied to ...
14 Litigating the Suit to Set Aside a Fraudulent Transfer
https://www.schwartz-lawyer.com/wp-content/uploads/sites/3651/2016/07/Ch-14.pdf
III. [14.9] Defenses to Fraudulent Transfer Claims A. Intent 1. [14.10] Fraud in Fact 2. [14.11] Fraud in Law B. Solvency 1. [14.12] Fraud in Fact 2. [14.13] Fraud in Law C. [14.14] Bona Fide Purchaser/Good-Faith Transferee ... Therefore, whenever a debtor claims insolvency as a basis for nonpayment of a judgment or other claim, the alert ...
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