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Tracing in equity: a constructive approach

Tracing in equity: a constructive approach

Pawlowski, Mark ORCID logoORCID: https://orcid.org/0000-0002-5473-5809 and Brown, James (2025) Tracing in equity: a constructive approach. Private Client Business (5). pp. 98-105. ISSN 0967-229X

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Abstract

The article discusses the requirement of a fiduciary relationship in equitable tracing claims, arguing that imposing a constructive trust on a wrongdoer who misappropriates a stranger's funds and pays them into a mixed bank account could provide an alternative basis for establishing an equitable proprietary right for the tracing claimant. The article refers to relevant case law.

Item Type: Article
Uncontrolled Keywords: constructive trusts, equitable tracing claims, fiduciary relationship, mixed funds, property acquired by fraud, stolen moneys, equitable proprietary interest, fraudulent recipient.
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Faculty / School / Research Centre / Research Group: Faculty of Law, Arts and Social Sciences
Faculty of Law, Arts and Social Sciences > School of Law and Criminology
Last Modified: 15 Sep 2025 14:28
URI: https://gala.gre.ac.uk/id/eprint/51034

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