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Company Law

Analysis - guidance - compliance

20 JUN 2014

Relfo Ltd (In Liquidation) v Varsani

Relfo Ltd (In Liquidation) v Varsani
Court of Appeal
Arden, Gloster, Floyd LJJ
28 March 2014

Issue for this court
[1] This appeal concerns a tracing claim and an unjust enrichment claim. Tracing is the process used to determine what has happened to a person’s property (see Worthington, Fiduciary Duties and Proprietary Remedies [2013] CLJ 720, 741). If a fiduciary steals trust money, the beneficiary can claim back the money, or any money or asset for which it has been substituted, from the person who has knowingly received it. A similar claim may be made in unjust enrichment.

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