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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
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.
A big step forwards for backwards tracing | STEP
https://www.step.org/tqr/tqr-december-2015/big-step-forwards-backwards-tracing
Following is the process of identifying the same asset as it passes unaltered through different pairs of hands. For example, if A takes B’s car and gives it to C, B can follow his car into the hands of C. 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 ...
A big step forwards for backwards tracing
https://www.cfla.org.uk/wp-content/uploads/A-big-step-forrwards-for-backwards-tracing.pdf
being necessarily fatal to an equitable tracing claim by the trust beneficiaries. If, in such a case, it can be shown that it was always the intention to use the trust money to acquire the asset, I do not see why the order in which the events happen should be regarded as critical to the claim.’10 Further argument for allowing backwards tracing
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 ...
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/
[M]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 that he would receive reimbursement for the monies he transferred out of the trust funds.
Equitable Tracing: Overdrawn accounts and backward tracing
https://www.lawjournals.co.uk/2017/06/15/trusts-estates-law-and-tax-journal/equitable-tracing-overdrawn-accounts-and-backward-tracing/
Mark Pawlowski considers the case for accepting backwards tracing as part of English law ‘A debt is an asset in the hands of the creditor and so can provide a basis for tracing in relation to the creditor’s assets.’ In Bishopsgate Investment Management Ltd (in liquidation) v Homan [1994], the Court of Appeal held that …
The future after Durant: is backwards tracing the way …
https://www.law.ox.ac.uk/sites/files/oxlaw/field/field_document/7_0.pdf
it is for this reason that the possibility of backwards tracing has traditionally been rejected by the english courts. also sometimes referred to as ‘tracing into the payment of a debt’, backwards tracing would allow the process of tracing to occur in the situation where an asset has been acquired in exchange for the creation …
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