After this Seminar, you should be able to:

1. Understand the concept of tracing and its uses;
2. Distinguish proprietary and personal claims and explain the benefits of each
3. Understand tracing at common law and its limitations;
4. Understand the rules for tracing in equity and when equitable tracing is not possible;
5. Understand and use the equitable tracing rules to trace into mixed and unmixed funds.

Essential Reading:

G. Watt, Trusts & Equity, chp 14 OR G. Virgo, The Principles of Equity & Trusts,chp 19

AND Foskett v McKeown[1997] 3 All ER 392

J. Stevens, 'Vindicating the proprietary nature of tracing' [2001] Conv94 [a short case comment/analysis of Foskett v McKeown]

Questions:

1. Explain the advantages of a proprietary claim over a personal claim.

1. What are the requirements for tracing property in equity?

1. When will a proprietary claim using equitable tracing fail?