Author: Mona Vaswani (2001)

Mona Vaswani points out some of the issues involved when there is a need to trace assets
which have come into the hands of a trustee
(taken from Issue No 17 –  October 2001

The law of constructive trusts and tracing has given rise to some of the most significant litigation in the last decade. Its allied area, the law of restitution, is now recognised as a separate area of law and is regarded as one of the most controversial and important weapons in the courts’ armoury to protect victims of fraud.

The purpose of this article is to examine the way in which claims can affect corporate trustees and to provide a brief user-friendly framework in which trustees can deal with the problems they are most likely to encounter.