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United Kingdom institutional vs remedialtracing in equitybribes and secret commissions

Central Bank of Ecuador v Conticorp SA

[2015] UKPC 11
JurisdictionUnited Kingdom
CourtPrivy Council
Year2015
StatusPersuasive authority

Summary

Privy Council held that bribe proceeds paid to a bank official are held on constructive trust, giving the bank a proprietary right to trace those funds in equity.

Key Principle

The Privy Council held that a constructive trust arises over the proceeds of a bribe paid to a bank official; the bank has a proprietary claim to trace the bribe money.

Area of Law

banking

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