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Lookup NU author(s): Dr Derek WhaymanORCiD
This is the authors' accepted manuscript of an article that has been published in its final definitive form by Sweet & Maxwell, 2018.
For re-use rights please refer to the publisher's terms and conditions.
Tracing is said to be merely a process and separate from claiming. It is then characterised as a set of pure property identification rules which cannot vary from claim to claim. However, the development of tracing in equity relied heavily on the fiduciary obligation to support its rules. While many of tracing’s rules can be justified independently of the fiduciary obligation or rationalised as evidential presumptions, others cannot. This means it is impossible to detach the process from the claim. Furthermore, it would be undesirable to do so because it would reduce the flexibility of tracing.
Author(s): Whayman D
Publication type: Article
Publication status: Published
Journal: Conveyancer and Property Lawyer
Year: 2018
Volume: 2018
Issue: 2
Pages: 157-174
Print publication date: 01/05/2018
Acceptance date: 24/01/2018
Date deposited: 25/01/2018
ISSN (print): 0010-8200
Publisher: Sweet & Maxwell
