Restitution, proprietary claims and tracing

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This Deed is made on [insert day and month] 20[insert year]Parties1[Insert name of Chargor], a company incorporated in England and Wales with...
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[TO BE PRINTED ON THE HEADED PAPER OF THE LENDER][insert name and address of borrower][insert date]Dear [insert full name of borrower]We offer to...
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[insert date]To:[insert full name and address of lender]Dear [insert full name of lender]I am a director of [insert full name of borrower] (the...
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[To be printed on the headed paper of the lender][insert date]To:[insert name and address of borrower]Dear [insert name of borrower],We are pleased to...
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Third party securityIn many commercial finance transactions, lenders expect to be given some form of credit support to increase their confidence in...
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Most recent Restitution, proprietary claims and tracing content

Practice notes
Knowing receipt and dishonest assistance claimsClaims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest...
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23rd Jul
Practice notes
Limitation—constructive trust claimsWhat is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by...
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22nd Jul
Practice notes
Restitution for unjust enrichment—elements of the claimWhat is unjust enrichment and when is it used?A claim based on unjust enrichment is one which...
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20th Jul
Practice notes
Defences to restitutionary claimsThere are a number of defences that should be considered when faced with a restitutionary claim for unjust...
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16th Jul
Practice notes
Restitution for wrongful actsAs summarised in: Restitution and unjust enrichment—overview, restitution is concerned with reversing one party’s unfair...
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5th Jul
Practice notes
Proprietary remedies (including following and tracing)What are proprietary remedies?General principlesA proprietary remedy is one which attaches to...
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21st Jun
Q&As
Can you provide case law on a scenario where an enforcement of security has been challenged by a borrower and the borrower then sued the bank for loss...
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Produced in partnership with James Hall of Hardwicke Chambers 5th Jun
Q&As
When might a lender find the remedy of subrogation open to it?When a lender (A) discharges the liability of a borrower to a secured lender (B), A may...
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Produced in partnership with Richard Hanke of 3 Verulam Buildings (3VB) 5th Jun
Practice notes
Claim for subrogation—a restitutionary remedyWhat is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by...
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5th Jun
Practice notes
Proprietary remedies following rescission and rectificationThis Practice Note considers the availability of proprietary remedies following rescission...
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5th Jun

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