Tracing in Equity: A Constructive Approach

Abstract

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. Refers to relevant case law.

Divisions: College of Business and Social Sciences > Aston Law School
College of Business and Social Sciences
Aston University (General)
Additional Information: This is an accepted manuscript of an article published in Private Client Business.
Publication ISSN: 0967-229X
Last Modified: 16 Sep 2025 17:08
Date Deposited: 12 May 2025 09:42
PURE Output Type: Article
Published Date: 2025-09-12
Accepted Date: 2025-05-09
Authors: Pawlowski, Mark
Brown, James (ORCID Profile 0000-0003-4014-6824)

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Version: Accepted Version

Access Restriction: Restricted to Repository staff only until 12 September 2026.

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