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Tracing – McMahon Legal Guide
https://mcmahonsolicitors.ie/tracing/#:~:text=Tracing%20in%20equity%20is%20more%20flexible%20and%20allows,of%20right%20or%20is%20at%20the%20court%E2%80%99s%20discretion.
Tracing Funds in Equity | The Cambridge Law Journal
https://www.cambridge.org/core/journals/cambridge-law-journal/article/tracing-funds-in-equity/98C6DB2CB1BDA37F91D6B673D7F9BE46
Tracing Funds in Equity - Volume 26 Issue 1. We use cookies to distinguish you from other users and to provide you with a better experience on our websites.
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 (Africa) v Jackson [1991] Requirements to trace in equity ⇒ The claim must be based on a pre-existing fiduciary relationship
Tracing (Chapter 20) - A Student's Guide to Equity and …
https://www.cambridge.org/core/books/students-guide-to-equity-and-trusts/tracing/C5965B8C039957100B1A2D6E11F29B62
tracing in equity allows tracing into mixed funds; in order to trace in equity the claimant must prove a fiduciary relationship and an equitable interest in the property; where a trustee mixes trust funds with his own funds in a bank account the rules always presume that the trustee withdraws his own funds first;
(D) TRACING IN EQUITY - The principles of the law of restitution
https://ebrary.net/106317/law/tracing_equity
The main advantage of tracing in Equity is that it will not be defeated by the irretrievable mixing of property. [1] This difference in approach between Law and Equity has been expressed in terms that the Common Law views property as physical assets, whereas Equity is able to view property metaphysically. [2] Consequently, where money in which the claimant has a proprietary interest …
Tracing – McMahon Legal Guide
https://mcmahonsolicitors.ie/tracing/
Tracing in equity allows assets to be traced through different types of assets and mixed funds. Tracing in equity requires a trust, fiduciary relationship or fraud. Common law tracing is necessary where there is no such element. The common law claim for following is effective for so long as the original money can be identified.
Tracing in Equity - Fraud Intelligence
https://www.counter-fraud.com/legal-and-regulatory/asset-tracing/tracing-in-equity--1.htm
The rules on tracing in equity do not, in the main, suffer from the same technical limitations which we have addressed at common law (see Dec/Jan 06 issue of FI). There are no problems tracing through mixed funds or clearing systems and there is no suggestion that tracing requires some form of physical substitution.
The Law of Tracing | Expert insights | Alston Asquith
https://www.alstonasquith.com/insights/the-law-of-tracing/
Nevertheless, for all of the obvious advantages of equitable tracing over common law tracing, tracing in equity is subject to one significant limitation: equitable tracing depends on upon proof that the claimant’s property or asset has at some stage in the tracing process been held by somebody subject to a fiduciary relationship.
Tracing Equity: Realizing and Allocating Value in Chapter 11
https://brooklynworks.brooklaw.edu/cgi/viewcontent.cgi?article=1989&context=faculty
Equitable Realization uses tracing principles to allocate a firm's value between asset-based and firm-based claimants and to preserve that allocation over time. First, it fixes the relative positions of secured and unsecured claims when a bankruptcy petition is filed.
Tracing in Equity & Mixed Funds | Equity & Trusts - YouTube
https://www.youtube.com/watch?v=YRWeZ6op1LI
In this video we look at equitable tracing further, exploring the specific situation where property remains with the trustee. In particular, I try to explain...
Tracing (law) - Wikipedia
https://en.wikipedia.org/wiki/Tracing_(law)
Tracing allows transmission of legal claims from the original assets to either the proceeds of sale of the assets or new substituted assets. Tracing ordinarily facilitates an equitable remedy , and is subject to the usual limitations and bars on equitable remedies in common law countries.
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