Kayleigh Bloomfield, ‘An Exploration of Backwards Tracing: Doctrine, Theory and Practice’

The elusive doctrine known as ‘backwards tracing’ (tracing through payment of a debt) has had a distinct lack of academic and judicial attention due to its alleged limited significance. However, the potential impact of the decision in The Federal Republic of Brazil v Durant International Corporation (Jersey) [2015] UKPC 35, making the doctrine permissible in ‘defined circumstances’, means that a full exploration is now warranted. This article will propose a refined model of the doctrine which will be examined doctrinally, normatively and practically. The results of these individual examinations lead to the conclusion that the proposed model could provide a positive addition to the law of tracing and remedy unjust results that the current law can produce.

Kayleigh Bloomfield, An Exploration of Backwards Tracing: Doctrine, Theory and Practice, Trusts and Trustees (2017) 23 (2): 227-241. DOI: https://doi.org/10.1093/tandt/ttw210.

First posted 2017-03-03 07:41:14

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