Bishopsgate Investment Management Ltd v Homan and Others: ChD 14 Jul 1994

A tracing remedy is defeated when the account into which the money is paid is overdrawn.

Citations:

Times 14-Jul-1994

Jurisdiction:

England and Wales

Citing:

Appealed to – Re Maxwell Communications Corporation Plc: Bishopsgate Investment Management Ltd v Homan CA 26-Sep-1994
The remedy of tracing is not available through a bank account which was subsequently overdrawn. Nor does the doctrine of tracing extend to following value into a previously acquired asset: ‘there can be no equitable remedy against an asset acquired . .

Cited by:

Appeal from – Re Maxwell Communications Corporation Plc: Bishopsgate Investment Management Ltd v Homan CA 26-Sep-1994
The remedy of tracing is not available through a bank account which was subsequently overdrawn. Nor does the doctrine of tracing extend to following value into a previously acquired asset: ‘there can be no equitable remedy against an asset acquired . .
Lists of cited by and citing cases may be incomplete.

Trusts, Equity

Updated: 05 May 2022; Ref: scu.78425