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Proprietary interests have the advantage of binding third parties, which is particularly important where the defendant is insolvent. Where the claimant bargained for creation of a proprietary interest, for example a bank was granted a charge, it is important to protect that interest. English law, unlike many civilian jurisdictions, offers proprietary protection by way of proprietary tracing claims. In the March edition of the Butterworths Journal of International Banking and Financial Law, Dr Magda Raczynska, Lecturer in Law at UCL outlines some of the difficulties of proprietary tracing claims in the context of charges.
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