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United Kingdom mixed fundsclaytons casedistribution pari passu

Barlow Clowes International Ltd v Vaughan

[1992] 4 All ER 22
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division), England and Wales
Year1992
StatusBinding authority

Key Principle

Where an investment fund is depleted through fraud, the court may distribute remaining funds on a pari passu basis rather than applying the rule in Clayton's Case (first in, first out) where that rule would produce unjust results.

Area of Law

trusts

Related Cases

Test Claimants in the FII Group Litigation v HMRC (No 2) [2020] UKSC 47
Children's Investment Fund Foundation v Attorney General [2020] UKSC 33
Investment Trust Companies v Revenue and Customs Commissioners [2017] UKSC 29

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