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(iv) Restrictions on Equitable Tracing - The principles of the law of ...
https://ebrary.net/106320/law/restrictions_equitable_tracing
The orthodox view of the law of equitable tracing is that a claimant is not able to trace into property that was already in the defendant’s possession before the claimant’s money was received, because in such circumstances the defendant’s property cannot be regarded as representing the claimant’s money, even if the claimant’s money was used to pay for the …
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/
Differences at Common Law and Equity: The main reason for two sets of rules for Tracing is mainly the distinction of rules at common law and in equity historically. Lord Greene explained the difference as a materialistic approach of the common law and a metaphysical approach under equity (Re Diplock 1948). Tracing at common law in respect of the property …
The Law of Tracing | Expert insights | Alston Asquith
https://www.alstonasquith.com/insights/the-law-of-tracing/
Equitable tracing: the need for a fiduciary relationship. This insight is not going to consider the judicial and academic criticism of the requirement for a fiduciary relationship which appears to have no logical justification and its requirement “depends on authority rather than principle” (see Agip (Africa) Ltd v Jackson[1990] Ch 265 at 290A).
Tracing Equity | Texas Law Review
https://texaslawreview.org/tracing-equity/
Principles of Tracing - Kornfeld LLP
https://kornfeldllp.com/2021/06/principles-of-tracing/
The following principles emerge from the authorities cited herein: Equitable tracing claims are normally premised on establishing an equitable proprietary claim to identifiable assets. Claims may also be made to trace assets which are subject to a statutory Claims cannot be traced into the hands of ...
Tracing (Chapter 20) - A Student's Guide to Equity and …
https://www.cambridge.org/core/books/students-guide-to-equity-and-trusts/tracing/C5965B8C039957100B1A2D6E11F29B62
tracing in equity allows tracing into mixed funds; in order to trace in equity the claimant must prove a fiduciary relationship and an equitable interest in the property; where a trustee mixes trust funds with his own funds in a bank account the rules always presume that the trustee withdraws his own funds first;
Equitable tracing | Practical Law
https://uk.practicallaw.thomsonreuters.com/9-100-5441?contextData=(sc.Default)
Equitable tracing. There could be no equitable tracing of trust money paid into an overdrawn bank account. Traced property had to be identifiable at all relevant times. However, in certain circumstances it might be possible to identify, a misappropriation of trust money with the acquistion of a particular asset and this could result in the creation of an equitable charge over …
UNDERSTANDING TRACING RULES
http://classic.austlii.edu.au/au/journals/QUTLawRw/2016/9.pdf
the rules of tracing in equity remain very difficult to understand and very difficult to justify. But they are of immense practical importance including to the law of trusts, claims based on fraud, and claims against remote recipients of property.
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) ⇒ Property must be in a traceable form; (i.e. there must be some property to attach to) and
Just Follow The Money: Tracing at common law and equity
https://bridgelawsolicitors.co.uk/just-follow-the-money-tracing-at-common-law-and-equity/
Both common law and equity allow tracing through “clean substitutions”, where property retains an identifiable form. Where misappropriated assets are exchanged for other specific assets (e.g. if you have possession of my money and use it to buy yourself a car), there is “transmission of a claimant’s property rights from one asset to its traceable proceeds”.
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