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#equity #law #tracing
In Shalson v Russo [2003] EWHC 1637 (Ch), [2005] Ch 281 Rimer LJ (as he then was) considered that a beneficiary can claim earlier payments used to purchase valuable assets as coming from his own money rather than the trustee’s. It was said that the beneficiary may be allowed to ‘cherry pick’ if the only contest is between the beneficiary and the wrongdoer, to avoid the wrongdoer being left with all the cherries.
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