#equity #law #tracing
the availability of the defence does not depend upon the assets bought and subsequently consumed having any extraordinary characteristics in themselves. In Philip Collins Ltd v Davis [2000] 3 All ER 808, two backing musicians to Phil Collins were overpaid royalties from the sale of records. They used this money to supplement their everyday standard of living. Jonathan Parker J held the change of position defence could apply as although the assets acquired were of an everyday nature to the defendants, the amount they had acquired and the expense they had consequently incurred was extraordinary.
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