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Equity – Tracing. The Court of Appeal of Jersey had upheld a finding that the defendants were constructive trustees of sums that had been paid as bribes and which the claimants had sought to recover through the doctrine of tracing. The defendants contended that they were not liable for the sum that the court had found. The Privy Council held that it could not be said that there could never be backward tracing, or that the court could never trace the value of an asset whose proceeds were paid into an overdrawn account. On the facts of the case, the defendants were liable to account for the full sum found by the court.
Equity – Tracing. The Court of Appeal of Jersey had upheld a finding that the defendants were constructive trustees of sums that had been paid as bribes and which the claimants had sought to recover through the doctrine of tracing. The defendants contended that they were not liable for the sum that the court had found. The Privy Council held that it could not be said that there could never be backward tracing, or that the court could never trace the value of an asset whose proceeds were paid into an overdrawn account. On the facts of the case, the defendants were liable to account for the full sum found by the court.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
On the 50th anniversary of the pub bombings, even now it is still unresolved. Chris Mullin, the journalist and former MP who led the campaign leading to the release of the Birmingham Six, looks back at events
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
One year on and the Court of Appeal fails to quash convictions after receiving evidence of racism in the jury room, and there are still no revisions to the Equal Treatment Bench Book , says Keir Monteith KC
A cultural life and times
