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Laundering and Tracing

Edited by: P. B. H. Birks

ISBN13: 9780198261018
ISBN: 0198261012
Published: April 1997
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £167.50



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Many legal difficulties arise out of the growing number of money-laundering cases reaching the courts. Certainly there is much debate among legal practitioners, judges and academics as to what the civil courts can do to assist plaintiffs seeking to recover funds in the UK and overseas.

This collection of essays attempts to throw light on the solutions offered by the common law and equity, and considers the judicial reasoning in recent landmark cases.

Subjects:
Equity and Trusts, Money Laundering
Contents:
David Hayton: Equity's Identification Rules
Paul Matthews: The Legal and Moral Limits of Common Law Tracing
Stephen Moriarty: Tracing, Mixing, and Laundering
Helen Norman: Tracing the Proceeds of Crime: An Inequitable Solution
Simon Gleeson: The Involuntary Launderer: The Banker's Liability for Deposits of the Proceeds of Crime
Richard Nolan: Change of Position
Kit Barker: After Change of Position: Good Faith Exchange in the Modern Law of Restitution
Ewan McKendrick: Total Failure of Consideration and Counter-Restitution: Two Issues or One
William Swadling: The Nature of Ministerial Receipt
Francis Rose: Passing On
Peter Birks: The New Emphasis on Defences.