Restitution, proprietary claims and tracing

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BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be...
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Produced in partnership with Peter Olds of Cleary, Gottlieb, Steen & Hamilton 12th Jan
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A 10b-5 letter (also referred to as a 'disclosure letter') is a letter delivered to the underwriters by issuer's and underwriters' counsel in...
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Produced in partnership with Charles Farnsworth of Baker McKenzie and Adam Farlow of Baker McKenzie 12th Jan
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Practice notes
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Shares are commonly offered as security for a loan in commercial lending transactions.Practice Note: Taking security over shares explains how to take...
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Most recent Restitution, proprietary claims and tracing content

Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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15th Apr
Practice notes
What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...
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15th Apr
Practice notes
What are proprietary remedies?General principlesA proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie...
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8th Apr
Practice notes
There are a number of defences that should be considered when faced with a restitutionary claim for unjust enrichment. Essentially, these defences are...
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8th Apr
Practice notes
This Practice Note considers the availability of proprietary remedies following rescission and rectification. Where a contract (or gift) has been...
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8th Apr
Practice notes
What is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by Lord Sumption in Williams v Central...
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8th Apr
Q&As
There appears to be no reported case where, in this sort of scenario, the borrower has succeeded in suing the bank (for examples of failed attempts to...
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Produced in partnership with James Hall of Hardwicke Chambers 8th Apr
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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8th Apr
Practice notes
As summarised in: Restitution and unjust enrichment—overview, restitution is concerned with reversing one party’s unfair or unjust benefit obtained at...
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8th Apr
Q&As
When a lender (A) discharges the liability of a borrower to a secured lender (B), A may be entitled to revive and take the benefit of the security...
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Produced in partnership with Richard Hanke of 3 Verulam Buildings (3VB) 8th Jan

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