Journal article
Tracing, mixing, and innocent claimants
- Abstract:
-
Faced with the problem that arises where multiple innocent claimants have contributed to a mixed fund that is now insufficient to meet all of their claims, English and Australian courts have suggested three solutions: (i) the rule in Clayton's Case; (ii) the ‘simple pari passu’ approach; and (iii) the ‘rolling charge’ or ‘North American’ approach. In Caron v Jahani (No 2) the New South Wales Court of Appeal adopted a simplified version of the third solution: the ‘simplified rolling charge’ ap...
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- Publication status:
- Published
- Peer review status:
- Peer reviewed
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Authors
Bibliographic Details
- Publisher:
- Wiley Publisher's website
- Journal:
- Modern Law Review Journal website
- Volume:
- 84
- Issue:
- 3
- Pages:
- 593-607
- Publication date:
- 2020-12-19
- Acceptance date:
- 2020-11-10
- DOI:
- EISSN:
-
1468-2230
- ISSN:
-
0026-7961
Item Description
- Language:
- English
- Keywords:
- Pubs id:
-
1319341
- Local pid:
- pubs:1319341
- Deposit date:
- 2023-01-13
Terms of use
- Copyright holder:
- English and Hafeez-Baig
- Copyright date:
- 2020
- Rights statement:
- © 2020 The Authors. The Modern Law Review © 2020 The Modern Law Review Limited.
- Notes:
-
This is the accepted manuscript version of the article. The final version is available from Wiley at https://doi.org/10.1111/1468-2230.12613
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