Re Oatway. Hertslet v Oatway
| Jurisdiction | England & Wales |
| Date | 1903 |
| Year | 1903 |
| Court | Chancery Division |
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51 cases
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FHR European Ventures LLP and Others v Ramsey Neil Mankarious and Others
...to claim: (i) whether the £180,000 deposit was paid (or is to be treated as having been paid) with money derived from the Fee (a) in full ( Re Oatway); or (b) only as to £78,982 thereof ( Re Hallett) (4) Whether or not the incidental costs of the purchase of the Property of £75,710 (paid fr......
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Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd
...the receivers have made recoveries of, among other things, book debts. Mr Hill argues that those recoveries are part of the mixed fund. In Re Oatway [1903] 2 Ch 357 Joyce J said: "Trust money may be followed into land or any other property in which it has been invested; and when a trustee h......
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Ahmad Hamad Algosaibi and Brothers Company (“AHAB”) v Saad Investments Company Ltd (in Official Liquidation) (“SICL”) and Others
...money with notice of the breach of trust.” Snell's Equity, 33 rd ed., para.30–056 {R2/4/3}. 2082 (1880) LR 13 ChD 696 {R1/2/1} . 2083 [1903] 2 Ch 356 {R1/5/1} 2084 In order to come within Category 3, there must be multiple beneficiary claimants; the fact that the trustee has creditors is n......
- R v Clowes (No. 2)
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6 books & journal articles
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Tracing criminal proceeds through fungible mixtures in money laundering cases
...v McKeown [2001] 1 AC 102; Sinclair Investments (UK) Ltd v Versailles Trade FinanceLimited [2011] EWCA Civ 347; Hertslet v Oatway [1903] 2 Ch 356 360; Shalson v Russo [2003]EWHC 1637 (Ch); Dyson Technology Ltd v Curtis [2010] EWHC 3289 (Ch).7. It is, of course, open to Parliament to enact s......
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Tracing into an Overdrawn Bank Account — When does Money Cease to Exist?
...— Vol. 3 No. 2 — Civil Recovery [1874-80] All ER Rep 793 (CA). (24) Roscoe (James) (Bolton) Ltd v Winder [1915] 1 Ch 62. (25) Re Oatway [1903] 2 Ch 356. (26) Bartow Clowes International Ltd (in hq) v Vaughan [1992] 4 All ER 22. (27) Re Diplock's Estate [1948] 2 All ER 318 at 347. (28) Ibid.......
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Tracing Money through Art Transactions
...Restitution', 4th edn, pp. 86-102. (9) [1986] 1 WLR 1072. (10) (1808) 15 Ves. 437. (11) See Re Hallet (1880) 13 ChD. (12) See Re Oatway [1903] 2 Ch 356. (13) See Snell's Equity and also 'Tracing into the Payment of a Debt', by Lionel D. Smith. (14) [1992] 4 All ER. (15) See Roscoe νWinder [......
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LOSS OF A CHANCE AND BREACH OF FIDUCIARY DUTY
...the trustee or fiduciary has spent her own money first in diminution of the value of the fund: Re Hallett(1880) 13 Ch D 696; Re Oatway[1903] 2 Ch 356. As pointed out in Re Caledonia Travel Service Pty Ltd(2003) 59 NSWLR 361 at [63]–[65], per Campbell J, there are difficulties in understandi......
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