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Tracing into the Payment of a Debt - JSTOR
https://www.jstor.org/stable/4508085
Tracing into the Payment of a Debt Cambridge Law Journal, 54(2), July 1995, pp. 290-305 Printed in Great Britain TRACING INTO THE PAYMENT OF A DEBT Lionel D. Smith* I. Introduction A. The Nature of Tracing A plaintiff who is deprived of a thing might seek out that very thing in order to assert his rights. The victim of a car thief tries to find the
Tracing into the Payment of a Debt - cambridge.org
https://www.cambridge.org/core/services/aop-cambridge-core/content/view/1B7512FC75F2AAB3C020C120AF273B85/S0008197300083677a.pdf/tracing_into_the_payment_of_a_debt.pdf
TRACING INTO THE PAYMENT OF A DEBT LIONEL D. SMITH* I. INTRODUCTION A. The Nature of Tracing A plaintiff who is deprived of a thing might seek out that very thing in order to assert his rights. The victim of a car thief tries to find the car. This is a natural response to such a misfortune, although it is not necessarily a fruitful one.
Tracing into the Payment of a Debt | The Cambridge Law …
https://www.cambridge.org/core/journals/cambridge-law-journal/article/tracing-into-the-payment-of-a-debt/1B7512FC75F2AAB3C020C120AF273B85
Google Scholar Both texts refer to the possibility of tracing money which paid a debt into what was acquired in exchange for incurring the debt; but both mix this up with subrogation, which only leads to the rights formerly held by the creditor, not the traceable proceeds of the value. 32
Exploration of Backwards Tracing: Doctrine, Theory and …
https://academic.oup.com/tandt/article-abstract/23/2/227/2671022
Bankers take note: how the tracing process has become more …
http://fivepaper.com/wp-content/uploads/2020/11/How-the-Tracing-Remedy-has-Become-More-Complex.pdf
Support for backward tracing is lent by a paper by Professor Lionel Smith entitled ‘Tracing into the Payment of a Debt’ [1995] CLJ 290. In this article, which was written shortly after the Court of Appeal decision in Bishopsgate, he referred to several cases which he maintained were examples of backward tracing.
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/
Smith’s analysis underscores the idea that the Claimant’s property rights are perceived to endure even when his or her money has been fully used by the defendant to pay a debt, if indeed the debt was incurred in order to acquire an asset.
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 …
Declarative tracing or backwards tracing—a welcomed …
https://academic.oup.com/tandt/advance-article-abstract/doi/10.1093/tandt/ttaa094/6012892
Back in the 1990s, Lord Millet, writing extra judicially, warned the rapid development of international fraud. It was proposed that the active application of tracing (in a broad sense) which facilitates restitutionary remedy could be a direction.4Almost three decades have past and Lord Millet’s concern remains valid.
r/Scams - Smith Gregory Scam - reddit.com
https://www.reddit.com/r/Scams/comments/tutc4z/smith_gregory_scam/
Smith Gregory Scam. Just got a voicemail (transcript below) from debt collector called Smith Gregory. Pretty good honestly, the website has you add you phone number to access your account and I was trying to enter random numbers to get it to access but couldn’t: “Yes _ Chris Williams here skip tracing a pre-legal department at Smith ...
Tracing Flashcards by Philip Pacanowski - Brainscape
https://www.brainscape.com/flashcards/tracing-390589/packs/828558
Smith, 'Tracing into the Payment of a Debt' (1995) 54 C.L.J. 290 at 292-295. 39 What is the significance of Boscawen v Baja for change of position? Where D has used the trust money to pay off a debt, then tracing will not be possible into the debt. However the remedy of subrogation may be available in the future, subject to a defence of change ...
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