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A big step forwards for backwards tracing - cfla.org.uk
https://www.cfla.org.uk/wp-content/uploads/A-big-step-forrwards-for-backwards-tracing.pdf#:~:text=6.%20Foskett%20v%20McKeown%201%20AC%20102%2C%20at,to%20revisitthe%20rule%20against%20this%20type%20of%20tracing
Foskett v McKeown [2001] 1 AC 102 - Law Case Summaries
https://lawcasesummaries.com/knowledge-base/foskett-v-mckeown-2001-1-ac-102/
Foskett v McKeown - Wikipedia
https://en.wikipedia.org/wiki/Foskett_v_McKeown
Foskett v McKeown [2001] 1 AC 102 esp - Oxbridge Notes
https://www.oxbridgenotes.co.uk/law_cases/foskett-v-mckeown
Foskett v McKeown [2001] 1 AC 102 esp Case summary last updated at 24/02/2020 17:26 by the Oxbridge Notes in-house law team. Judgement for the case Foskett v McKeown. M misappropriated money entrusted to him for the purchase of land in Portugal. ... Tracing is not a remedy/claim: It is simply an identification of the property to be claimed ...
Foskett v McKeown and Others: HL 18 May 2000
https://swarb.co.uk/foskett-v-mckeown-and-others-hl-18-may-2000/
Tracing is the process of identifying a new asset as the substitute for the old. Where one asset is exchanged for another, a claimant can elect whether to follow the original asset into the hands of the new owner or to trace its value into the new asset in the hands of the same owner . . ... Appeal from – Foskett v McKeown and Others CA 27 ...
Foskett v McKeown [2000] UKHL 29; [2000] WTLR 667 - Law …
https://www.lawjournals.co.uk/cases_referred/foskett-v-mckeown-2000-ukhl-29-2000-wtlr-667/
Case: Foskett v McKeown [2000] UKHL 29; [2000] WTLR 667. ... 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 ...
A big step forwards for backwards tracing | STEP
https://www.step.org/tqr/tqr-december-2015/big-step-forwards-backwards-tracing
The argument against backwards tracing was summed up by Leggatt LJ in Bishopsgate Investment Management Ltd v Homan, ... Foskett v McKeown and Others [1998] Ch 265, 283–4; 11 ‘Tracing into the Payment of a Debt’ (1995) 54 CLJ 290; The Law of Tracing (1997) 12 [2015] UKPC 35; 13.
The future after Durant: is backwards tracing the way …
https://www.law.ox.ac.uk/sites/files/oxlaw/field/field_document/7_0.pdf
In the seminal case of Foskett v McKeown and Others1 (‘Foskett’) Lord Millet clearly explained that tracing is ‘neither a claim nor remedy. It is merely the process by which a claimant demonstrates what ... possibility of such backwards tracing. However, since Foskett definitively clarified the identificatory purpose of tracing, the ...
Exploration of Backwards Tracing: Doctrine, Theory and …
https://academic.oup.com/tandt/article-abstract/23/2/227/2671022
Tracing is concerned with attribution and identifying value in a substitute asset via transactional links following the decision in Foskett v McKeown. 30Foskett explicitly decided that tracing exists to vindicate property rights and thus belongs to property law, 31 not the law of unjust enrichment.
Conceptualizing Backwards Tracing: a paradigm for vindicating …
https://myhumanrights.blog/2022/04/22/conceptualizing-backwards-tracing-a-paradigm-for-vindicating-the-property-rights-of-another/
A seminal case relied upon by the Privy Council in Durant was Foskett v McKeown [1998] Ch 265, in which the claimants, purchasers of a property development scheme whose monies were held on trust, were permitted to trace their money into the proceeds of a life insurance policy purchased by a trustee for his children.
A big step forwards for backwards tracing - cfla.org.uk
https://www.cfla.org.uk/wp-content/uploads/A-big-step-forrwards-for-backwards-tracing.pdf
Foskett v McKeown and Others [1998] Ch 265, 283–4 11. ‘Tracing into the Payment of a Debt’ (1995) 54 CLJ 290; The Law of Tracing (1997) BRAZIL V DURANT Brazil v Durant International Corp concerned an appeal to the Judicial Committee of the Privy Council by two BVI companies against a decision of the Jersey courts.12 The Privy Council acts ...
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