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Roscoe v Winder [1915] 1 Ch 62

By Oxbridge Law TeamUpdated 07/01/2024 19:24

Judgement for the case Roscoe v Winder

Table Of Contents

  • T put trust money into his personal account which already had some money in it, then withdrew some money and then put in some additional money of his own.

  • The court held that the monies paid in after the withdrawal are not subject to tracing.

    • Hence if T puts £10 of trust money belonging to B in his account containing £5 already, and then withdraws £12, there will be £3 left, before putting in another £30, only £3 will be traceable by B. 

Sarjant J

  • To allow B to claim tracing over monies paid in by T would be to extend the Re Hallett’s doctrine greatly.

  • To trace you have to:

Put your finger on some definite fund which either remains in its original state or can be found in another shape.

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For Further Study on Roscoe v Winder

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Trusts and Equity Notes
1,016 total pages
1806 purchased

Equity notes fully updated for recent exams at Oxford and Cambridge. Th...