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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Proprietary Claims in Insolvency

ISBN13: 9780421564800
ISBN: 0421564806
Published: December 1996
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £25.00
(Second Hand)

In stock second-hand.

The focus of Proprietary Claims and Insolvency is the use of the trust and analogous devices by companies and individuals to gain priority over other creditors in the event of corporate collapse.

It examines in detail the treatment of trusts at all stages of an insolvency, including the tracing of assets, changes in form, the investigation of profits accrued as a result of breaches in fiduciary duty, and remedies for redressing perceived injustices.

  • No other book devoted exclusively to this subject
  • Addresses a subject no practitioner involved with insolvency work can afford to ignore
  • Confronts the practical issues at each stage of an insolvency.

Insolvency Law
Insolvency and the handling of trust assets
equality of treatment for creditors in an insolvency
diminution of trust claims
conditional payments and insolvency - the Quistclose trust
fiduciaries, bribes and constructive trusts
restitutionary proprietary claims and insolvency
mistaken payments, propietary claims and insolvency
fundamental principles of tracing misapplied assets
identification principles of tracing
knowing reciept of trust property
knowing assistance in a breach of trust.