Tracing 0.0 / 5 ? LawEquityUniversityNone Created by: LaraCreated on: 30-04-19 12:42 Foskett v McKeown 2001 Tracing requirements set out by Lord Millet, but said a fiduciary relationship is unfair and irrelevant for tracing 1 of 10 AG Hong Kong v Reid 1994 An equitable proprietary interest in the original property is a requirement for tracing 2 of 10 Bishopgate Invest Management v Homan 1995 backwards tracing generally not possible unless C can prove trustee took out the loan with the intention of paying it off with trust money 3 of 10 Re Hallett's Estate 1880 presumption of honesty, trustee spends their own money first 4 of 10 Roscoe v Winder 1915 B cannot assert a claim to any additional money unless can show trustee intended for it to go to the trust 5 of 10 Re Oatway 1903 can rebut presumption in Re Hallett because the presumption cannot be of detriment to B 6 of 10 Re Tilley's WT 1967 B can enforce an equitable lein if an asset was aquired 7 of 10 Re Diplock pari passu (proportionate division), defence of proprietary claim being inequitable 8 of 10 Clayton's case "first in, first out" for innocent mixed funds in current accounts only 9 of 10 Lipkin Gorman v Karpnale 1991 defence of change of position 10 of 10
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