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Backward tracing | OUPblog
https://blog.oup.com/2016/05/backward-tracing-law/
Exploration of Backwards Tracing: Doctrine, Theory and Practice
https://academic.oup.com/tandt/article-abstract/23/2/227/2671022
"Backwards tracing": An important step forward in
https://www.osborneclarke.com/insights/backwards-tracing-an-important-step-forward-in-tracing-funds-internationally
(Jersey) [2015] UKPC 35, the Privy Council confirmed that “backwards tracing” may be permitted as a means of asset recovery. In broad terms, the court was prepared to take a pragmatic view as to whether funds in Jersey could be said to constitute the proceeds of the bribes that had been paid in Brazil. This was despite technical difficulties in
Income Taxes — Backwards Tracing - IAS Plus
https://www.iasplus.com/en/meeting-notes/iasb/2004/agenda_0409/agenda446
Assuming no changes in market value of the security and a tax rate change to 45%, backwards tracing would result in the $5 incremental tax effect to be allocated to comprehensive income in year 2. With no net of tax reporting, the issue of backwards tracing does not arise.
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/
The future after Durant: is backwards tracing the way …
https://www.law.ox.ac.uk/sites/files/oxlaw/field/field_document/7_0.pdf
The rules governing the tracing process are more generous to claimants in equity than at law (for example, allowing tracing through a mixed fund). However, the fundamental principles are the same ... backwards tracing because the test propounded by Lord Toulson is too vague and imbues judges with
Tracing | Digestible Notes
https://www.digestiblenotes.com/law/trusts/tracing.php
⇒ Equity can also trace money through electronic fund transfers, whereas common law cannot: see Agip ... ⇒ 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, ...
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
UNDERSTANDING TRACING RULES
http://classic.austlii.edu.au/au/journals/QUTLawRw/2016/9.pdf
A conventional understanding of tracing rules suggests that C can keep the $1 million. Those rules sometimes involve the statement that at common law ‘it is not possible to trace through a mixed bank account’, or ‘it is not possible to trace through an overdrawn bank account’, or, more generally, ‘it is not possible to trace backwards’.
Tracing Flashcards | Quizlet
https://quizlet.com/129684270/tracing-flash-cards/
1) Tracing at equity 3 conditions - Need trustee/ fiduciary relationship Foskett v Mckeown - Evidencing ownership (need ownership rights over property) - Property needs to be ascertainable Process - Following (if original asset claim the original asset) - Tracing (ownership is the value eg tracing value into substitutions of the property)
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