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Introduction
Definition :
Boscawen v Bajwa [1996] 1 WLR 328 : Tracing is neither a claim nor a remedy but a process;
Not confined to cases where the Plaintiff seeks a
proprietary remedy;
It is equally necessary where the plaintiff is trying to
seek a personal remedy against the recipient either at
law or in equity;

Cont.
In either case, Plaintiff must show that he/she
still retains the legal or equitable title in
the property;
And the property is in the hands of the
Defendant;
This rule of tracing enable the Plaintiff to follow
his property;
Rule of tracing are different depending whether
it is a CL claim or a claim in equity;

TYPES OF CLAIMS
PERSONAL
CLAIMS

PROPRIETA
RY

Cont.
Personal
In
personam
Against a
person

Proprietary
In rem
Specific
property

TYPES OF TRACING
EQUITABL
EQUITABL
EE TRACING
TRACING
TRACING
TRACING
AGAINST
AGAINST
VOLUNTEE
VOLUNTEE
RS
RS

COMMON
COMMON
LAW
LAW
TRACING
TRACING

TRACIN
TRACIN
G
G

Common Law Tracing

1. Proprietary claim
Exist in very limited extent due to the fact that apart
from land, CL does not provide specific recovery of the
chattels belongings to the Plaintiff but in the hands of
defendant;
Money once plaintiff s money has been mixed with the
defendants, it became undivided and undistinguished
plaintiff can no longer claim for the same;

Cont.
2. Personal action
received

for money had and

This form of action commonly invoked by a

plaintiff who has paid money to defendant by
mistake, undue influence, under duress or under
contract that was void or in any situation where
the defendant is enriched at the expense of the
plaintiff;

Cont.
Ex parte Cooke [1876] 4 ChD 123;
Taylor v Plumer [1815] 3 M & S 562;
Hambroucks case [1921] 1 KB 321;
Lipkin Gorman v Karpnale Ltd [1991] 2 AC
548;
Jones (FC) & Sons v Jones [1996] 3 WLR 703;

EQUITABLE TRACING

Fiduciary
relationship

Equitable
proprietary
interest

FIDUCIARY RELATIONSHIP
Sinclair v Brougham [1914] AC 398;
Re Diplock [1948] Ch. 465;
Re Halletts Estate [1879-80] LR 13 ChD 696;
Agip v Jackson [1991] Ch 547;
Boscawen v Bajwa [1996] 1 WLR 328;
Westdeutche v Islington London Borough Council
;

Cont.
2. An Equitable Proprietary Interest
Plaintiff should be entitled to an equitable
proprietary interest which is distinct from absolute
ownership at law;
AG HK v Reid [1993] 3 WLR 1143;
Chase Manhattan Bank v British Israel Bank [1981]
Ch 105;
Re Goldcorp Exchange Ltd [1995] 1 AC 74;

FUNDS

FUNDS
UNMIXE
D
MIXED

Unmixed funds
No mixing of trust funds with the trustees
own money trustee has sold the property;

Beneficiary is entitled at his election either to

the acquired property/to have charge or lien
on that property for the amount of the trust
money;

Mixed fund
CLAIM
CLAIM
AGAINST
AGAINST
TRUSTEE
TRUSTEE
SS

MIXE
MIXE
D
D
FUND
FUND
BANK
BANK
ACCOUN
ACCOUN
TT

BETWEE
BETWEE
NN 22
TRUSTS,
TRUSTS,
OR
OR
TRUST
TRUST &
&
33RD
RD PARTY
PARTY