Tracing and Proprietary Restitution
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- Tracing at common law
- Taylor v Plumer
- Banque Belge pour L'Etranger v Hambrouck
- Agip (Africa) Ltd v Jackson
- Lipkin Gorman v Karpnale Ltd
- Trustee of the Property of FC Jones and Sons v Jones
- Tracing in equity
- Sinclair v Brougham
- Re Diplock Ch 465, 533, 534, and 539
- Barlow Clowes International Ltd v Vaughan 4 All ER 22
- Re Hallett's Estate (1880) 13 Ch D 696, 727
- Re Oatway 2 Ch 356, 360
- Re Tilley's Will Trusts
- Foskett v McKeown 1 AC 102, 127-8
- James Roscoe (Bolton) Ltd v Winder 1 Ch 62
- Re Goldcorp Exchange Ltd
- Bishopsgate Investment Management Ltd v Homan
- Proprietary restitution
- Chase Manhattan Bank NA v Israel-British Bank (London) Ltd
- Lord Napier & Ettrick v Hunter
- Boscawen v Bajwa
- Westdeutsche Landesbank Girozentrale v Islington LBC
Following
- Jones v De Marchant (1916) 28 DLR 561
Tracing
- Shalson v Russo EWHC 1637 (Ch), Ch 281
- Turner v Jacob EWHC 1317 (Ch), WTLR 307 -
Mixing two claimants' money or money mixed with an innocent claimant
- Clayton’s case (1816) 1 Mer 529
- Russell-Cooke Trust Co v Prentis EWHC 2227 (Ch), 2 All ER 478
- Commerzbank AG v IMB Morgan plc EWHC 2771 (Ch), 1 Lloyd’s Rep 198
Backwards tracing
- Bishopsgate Investment Management Ltd v Homan 3 WLR 1270, 1274 and 1279
- Law Society v Haider EWHC 2486 (Ch) -
M Conaglen ‘Difficulties with Tracing Backwards’ (2011) 127 LQR 432
Swollen assets theory
- Space Investments Ltd v CIBC (Bahamas) Ltd 1 WLR 1072
- Serious Fraud Office v Lexi Holdings plc EWCA Crim 1443, QB 376 -
Read more about this topic: English Unjust Enrichment Law
Famous quotes containing the words tracing, proprietary and/or restitution:
“Our life is a faint tracing on the surface of mystery, like the idle, curved tunnels of leaf miners on the face of a leaf. We must somehow take a wider view, look at the whole landscape, really see it, and describe what’s going on here. Then we can at least wail the right question into the swaddling band of darkness, or, if it comes to that, choir the proper praise.”
—Annie Dillard (b. 1945)
“Words can have no single fixed meaning. Like wayward electrons, they can spin away from their initial orbit and enter a wider magnetic field. No one owns them or has a proprietary right to dictate how they will be used.”
—David Lehman (b. 1948)
“When someone borrows an animal from another and it is injured or dies, the owner not being present, full restitution shall be made. If the owner was present, there shall be no restitution; if it was hired, only the hiring fee is due.”
—Bible: Hebrew, Exodus 22:14,15.