#equity #law #tracing
When payments are made out of a mixed bank account, the claimant’s equitable charge over the mixed fund attaches to assets purchased with such payments: El Ajou Dollar Land Holdings plc [1993] 3 All ER 717 at 736. If, however, a claimant wants more than a charge by seeking a proportionate share of an appreciated asset it will be necessary to rely upon presumptions made against a wrongdoer until he has put things right. The trustee, because he was responsible for the wrongful mixing, bears the onus of proving that he unmixed the money eg by restoring to the trust fund the full amount necessary to remedy his breach of trust.
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