Tracing in equity: a constructive approach
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Pawlowski, Mark ORCID: 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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51034 PAWLOWSKI_Tracing_In_Equity_A_Constructive_Approach_(AAM)_2025.pdf - Accepted Version Restricted to Repository staff only Download (141kB) | Request a copy |
Official URL: https://www.sweetandmaxwell.co.uk
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 |
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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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