Equitable Tracing: Overdrawn accounts and backward tracing

University of Greenwich | Trusts and Estates Law & Tax Journal | July/August 2017 #188
Mark Pawlowski considers the case for accepting backwards tracing as part of English law ‘A debt is an asset in the hands of the creditor and so can provide a basis for tracing in relation to the creditor’s assets.’ In Bishopsgate Investment Management Ltd (in liquidation) v Homan [1994], the Court of Appeal held that …

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Subrogation: A patchwork quilt

Bryan Cave Leighton Paisner LLP | Property Law Journal | May 2011 #270
Laurie Heller provides a reminder of the equitable doctrine and its application in practice ‘Subrogation is a remedy to which the claimant establishes his entitlement, and which is in appropriate form in the circumstances of the claim.’The doctrine of subrogation, so useful in its application, appears in a variety of contexts where it answers the …

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