Continue reading "Trustees: Tracing and the rule in Clayton’s case"
Trustees: Tracing and the rule in Clayton’s case
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Mark Pawlowski takes a critical look at the rule in Clayton’s case and asks whether it still has application in the context of a tracing claim A rigid application of Clayton’s case, although providing a rule of convenience, can produce results of a highly arbitrary nature. Where a trustee (or other fiduciary) wrongfully purchases an …