Tracing in Equity: A Constructive Approach

Mark Pawlowski; James Brown

Tracing in Equity: A Constructive Approach

University of Greenwich

Research output: Contribution to specialist publication or newspaper › Article

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.

Original language	English
Pages	98-105
Volume	5
Specialist publication	Private Client Business
Publisher	Sweet and Maxwell
Publication status	Published - 12 Sept 2025

Bibliographical note

This is an accepted manuscript of an article published in Private Client Business.

Embargoed Document

Tracing in Equity - A Constructive Approach Article
Accepted author manuscript, 73 KB
Licence: Unspecified
Embargo ends: 12/09/26

Cite this

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title = "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.",

author = "Mark Pawlowski and James Brown",

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AB - 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.

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JO - Private Client Business

JF - Private Client Business

PB - Sweet and Maxwell

ER -

Tracing in Equity: A Constructive Approach

Abstract

Bibliographical note

Embargoed Document

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