Landmark Cases in Tracing | A Proposal for a Volume of Case Analyses

Tracing is under-researched and under-theorised. There is little agreement as to how this claim can be justified theoretically, what its limits are and how they vary in accordance with the multitude of different facts the courts have seen and will see in the future. Academics and judges are still feeling their way around its fundamental questions. Yet not only are the answers to these theoretical questions controverted, they go to the heart of what every litigant wants to know: what may or may not be claimed? These questions are of fundamental importance on a practical basis too.

An edited collection of in-depth case analyses can address them. The immediate gap in the literature is simply that the cases are not well understood. There is a clear need for this to be addressed in order to make it easier to test general theories of tracing. The volume itself will also test such theories and their principles against concrete facts, exposing the problems and traps they might lay.

Editors

Dr Derek Whayman (Newcastle University, UK)
Prof Katy Barnett (Melbourne University)
Please get in touch if you are interested in contributing.

Documents

Full-length pitch and discussion of the issues in the cases Download

Sample chapter on Re Tilley’s Will Trusts (1967) and Turner v Jacob (2006)Download

Derek’s Conveyancer piece, ‘Obligation and Property in Tracing Claims’ (2018) 82 Conv 157 on SSRN

Cases

A.	Trustee Liability: Tracing Emerges from Trust and Fiduciary Law
1.	Kirk v Webb (1698)
2.	Taylor v Plumer (1815) Tatiana Cutts
B.	Mixing: Even-Handed Solutions
3.	Pennell v Deffell (1853) and Barlow Clowes v Vaughan (1991) Adam Reilly
4.	Caron v Jahani (No 2) (2020) Mohammud Jaamae Hafeez-Baig and Jordan English
C.	Mixing: Subordinating Solutions
5.	Re Hallett’s Estate (1880) and Re Oatway (1903)
6.	Re Tilley’s Will Trusts (1967) and Turner v Jacob (2006) Derek Whayman
D.	Recipient Liability
7.	Re Diplock (1948) Robert Chambers
8.	Grimaldi v Chameleon Mining NL (No 2) (2012) Ying Khai Liew
E.	Traceable Property and Transmissible Property Rights
9.	Federal Republic of Brazil v Durant International Corporation (2015) and James Roscoe (Bolton), Ltd v Winder (1914)
10.	Foskett v McKeown (2000)
F.	Non-Trust Tracing
11.	Buhr v Barclays Bank Plc (2001)
12.	Black v Freedman & Co (1910) and Trustee of the Property of FC Jones & Sons v Jones (1996)