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United Kingdom tracingpersonal claim recipientswrongful distribution

Re Diplock

[1948] Ch 465
JurisdictionUnited Kingdom
CourtEngland and Wales Court of Appeal
Year1948
StatusBinding authority

Key Principle

Personal claims against innocent recipients of trust property are available in equity (the 'Ministry of Health' claim); the claimant must first exhaust remedies against the defaulting fiduciary.

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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