Tracing, following and constructive trusts | Practical Law

Tracing, following and constructive trusts | Practical Law

A guide to the processes of following and tracing which allow a claimant to identify assets in the hands of the defendant or a third party. The note considers the common law tracing rules as well as tracing in equity. It also considers constructive trusts and the circumstances in which the courts have recognised that a constructive trust has arisen and that, therefore, there is the requisite fiduciary relationship to enable equitable tracing to take place. Finally, the note discusses the remedies that may be available after tracing or following, providing guidance on choosing the appropriate personal or proprietary remedy.

Tracing, following and constructive trusts

Practical Law UK Practice Note 4-626-7538 (Approx. 29 pages)

Tracing, following and constructive trusts

MaintainedEngland, Wales
A guide to the processes of following and tracing which allow a claimant to identify assets in the hands of the defendant or a third party. The note considers the common law tracing rules as well as tracing in equity. It also considers constructive trusts and the circumstances in which the courts have recognised that a constructive trust has arisen and that, therefore, there is the requisite fiduciary relationship to enable equitable tracing to take place. Finally, the note discusses the remedies that may be available after tracing or following, providing guidance on choosing the appropriate personal or proprietary remedy.