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Choosing remedies in tracing claims - Alastair Hudson
http://www.alastairhudson.com/trustslaw/Remediestracing.pdf#:~:text=Aside%20from%20the%20loss%20of%20the%20right%20to,trust%3B%20the%20establishment%20of%20an%20equitable%20charge%3Band%20subrogation.
Constructive Trust Remedy and Tracing | Disinherited
https://disinherited.com/equitable-claims/constructive-trust-remedy-tracing/
Constructive Trust Remedy and Tracing Li v Li 2017 BCSC 1312 involved a father suing his daughter for the wrongful conversion of monies and the court finding for the father based on the remedy of constructive trust and tracing the monies. THE LAW
Proprietary and Other Remedies – McMahon Legal Guide
http://mcmahonsolicitors.ie/restitutionary-remedies/
Where the assets can be traced, a proprietary remedy may be available. The scope of the remedy of constructive trust and tracing beyond its bounds in existing case law, may develop over time. There is significant case law in other common law jurisdictions which contemplates a wider concept of constructive trust remedy.
Tracing Lecture Notes - PROPRIETARY REMEDIES: TRACING A.
https://www.studocu.com/en-gb/document/university-of-nottingham/law-of-trusts/tracing-lecture-notes/13828075
The nature of a proprietary remedy might take the form of ownership in a constructive trust, so the beneficiaries may be able to claim to be the sole beneficial owner of the property or claim a proportion of the equitable ownership under a constructive trust. - But proprietary remedies may take the form of security rights.
The Law of Tracing | Expert insights | Alston Asquith
https://www.alstonasquith.com/insights/the-law-of-tracing/
A Constructive Trust A constructive trust is likely to be sought in situations in which the asset is intrinsically valuable. The constructive trust entitles the claimant to an equitable proprietary interest in the traced asset.
Constructive Trusts and Tracing | Emerald Insight
https://www.emerald.com/insight/content/doi/10.1108/eb025649/full/html
The following paper may be just what you need. It explains the concept of a simple trust, and how its fundamental principles manifest themselves in the court‐imposed constructive trust, paying particular attention to the vexed issue of knowledge, the linchpin of constructive trusteeship and the cause of great confusion among those called upon ...
Constructive Trusts: A Remedy for Wrongful Conduct
https://www.mlflitigation.com/media/constructive-trusts-a-remedy-for-wrongful-conduct/
A constructive trust is defined as a trust created by law, which deems that the party who obtained the property through improper means held the property in trust for the rightful owner of the property. Therefore, the property should be returned to the rightful owner in order to make them whole again.
Tracing, following and constructive trusts | Practical Law
https://content.next.westlaw.com/Document/I0a8003851c4d11e698dc8b09b4f043e0/View/FullText.html?contextData=(sc.Default)
Pre-existing and newly created equitable proprietary interests or fiduciary relationships Constructive trusts to give effect to an informally expressed understanding in relation to property Constructive trusts arising from wrongdoing 8Equitable tracing rules Attribution not causation Mixing of goods into a bulk Equitable tracing into mixed funds
Tracing, following and constructive trusts - Practical Law
https://uk.practicallaw.thomsonreuters.com/4-626-7538?contextData=(sc.Default)
A guide to the processes of following and tracing which allow a claimant to identify assets in the hands of the defendant or a third party. The note considers the common law tracing rules as well as tracing in equity. It also considers constructive trusts and the circumstances in which the courts have recognised that a constructive trust has arisen and that, therefore, there is the …
Principles of Tracing - Kornfeld LLP
https://kornfeldllp.com/2021/06/principles-of-tracing/
Tracing is regularly asserted as a remedy attaching assets which have reached others through fraud. The claimant may have a proprietary claim to the source or “referable” property by virtue of an express, implied or constructive trust, or an equitable lien or charge, for which case tracing may be an ancillary remedy.
Choosing remedies in tracing claims - Alastair Hudson
http://www.alastairhudson.com/trustslaw/Remediestracing.pdf
The third “remedy”1 is the constructive trust which entitles the claimant to an equitable proprietary interest in the traced property. In theory such a constructive trust could be constructed so that any third party with rights in the traced property would hold the equitable interest in that property in common with the claimant; more usually a
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