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Privy Council confirms availability of backward tracing
https://hsfnotes.com/litigation/2015/08/10/privy-council-confirms-availability-of-backward-tracing/#:~:text=%E2%80%9CBackward%20tracing%E2%80%9D%2C%20by%20contrast%2C%20describes%20where%20the%20claimant%E2%80%99s,diverted%20trust%20property%20to%20pay%20off%20the%20loan.
Backward tracing | OUPblog
https://blog.oup.com/2016/05/backward-tracing-law/
May 17th 2016. Some of the controversies in contemporary equity are of both theoretical and practical significance. This is particularly true of the controversy concerning so-called “backward tracing”. If a defendant misappropriates trust money in order to buy a car, then the beneficiary can trace the value of his equitable proprietary interest in the money into the car.
Exploration of Backwards Tracing: Doctrine, Theory and Practice
https://academic.oup.com/tandt/article-abstract/23/2/227/2671022
A big step forwards for backwards tracing | STEP
https://www.step.org/tqr/tqr-december-2015/big-step-forwards-backwards-tracing
Where the claimant wishes to trace into an asset which the fraudster had previously acquired, the process is known as ‘backwards tracing’. As demonstrated below, increasing pressure has been placed on the courts to revisit the rule against this type of tracing. Backwards tracing
The Privy Council’s Ruling on Backwards Tracing: Part of a Larger ...
https://welpartners.com/blog/2016/01/the-privy-councils-ruling-on-backwards-tracing-part-of-a-larger-movement-toward-a-common-sense-approach-to-tracing/
Backwards tracing refers to tracing into non-chronological transactions: the claimant traces into an asset which the wrongdoer acquired prior to acquiring the claimant’s asset. It therefore breaks one of the traditional rules of tracing. Facts. In Brazil v.
"Backwards tracing": An important step forward in
https://www.osborneclarke.com/insights/backwards-tracing-an-important-step-forward-in-tracing-funds-internationally
Tracing back to UK assets. The Privy Council’s decision is not binding on the English courts, but will be highly persuasive throughout the common law jurisdictions. As such, it is likely that where a victim of fraud can establish the necessary causal and transactional link backwards tracing may be permitted under English law.
Privy Council confirms availability of backward tracing
https://hsfnotes.com/litigation/2015/08/10/privy-council-confirms-availability-of-backward-tracing/
“Backward tracing”, by contrast, describes where the claimant’s property is traced to an asset the defendant already has. A typical situation is where the fraudster has taken a loan to pay for an asset, then diverted trust property to pay off the loan.
Tracing | Digestible Notes
https://www.digestiblenotes.com/law/trusts/tracing.php
⇒ The Privy Council has accepted that ‘backward tracing’ should sometimes be allowed → this is tracing into an asset acquired before the breach of trust e.g. if a trustee borrows money from the bank to buy a house, then takes money from the trust fund to pay off a mortgage on a house, the court can trace into the house, even though the loan account is never in credit
Backwards Tracing, Causal Links and Unjust Enrichment …
https://whaymand.wordpress.com/2014/09/30/backwards-tracing-causal-links-and-unjust-enrichment-in-economic-reality-relfo-ltd-v-varsani-2014-ewca-civ-360-extended-case-comment/
Backwards Tracing, Causal Links and Unjust Enrichment in Economic Reality: Relfo Ltd v Varsani [2014] EWCA Civ 360 Extended Case Comment. ... onies held on trust can be traced into other assets even if those other assets are passed on before the trust monies are paid to the person transferring them, provided that that person acted on the basis ...
A big step forwards for backwards tracing
https://www.cfla.org.uk/wp-content/uploads/A-big-step-forrwards-for-backwards-tracing.pdf
for backwards tracing A review of a recent Privy Council ruling that relaxes the restrictions on recovering fraudulent payments through backwards tracing By Alan Sheeley and Craig Connal QC • Tracing is the process of identifying a new asset as a substitute for the old.1 For example, if C gave A GBP5,000 for a car taken from B, B could choose
Trusts - Tracing - TRACING Tracing this topic is about a ... - StuDocu
https://www.studocu.com/en-gb/document/the-university-of-warwick/law/trusts-tracing/1370737
Essay Notes on Tracing, based on lectures by Jonathan Garton and readings from Mofatt's Trusts Law (Garton, Mofatt, Bean) tracing tracing this topic is about
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