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Tracing - Still on a new path

April 2013 - Litigation & Dispute Resolution. Legal Developments by Ogier .

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At the end of last year Jersey's Royal Court delivered a landmark judgment concerning the circumstances in which proprietary claims may be established and when assets may be traced.

Jersey's Court of Appeal has now endorsed the approach taken by the Royal Court.

In doing so the Court of Appeal expressly acknowledged that in future the Jersey Court will be making an evalutive judgment where it is asked to treat one asset as representing or being a substitute for the plaintiff's original property.