The legal difficuties arising out of the growing number of `money-laundering' cases reaching the courts are the subject of a burgeoning literature. Certainly there is much debate among practitioners, judges, and academics as to what the civil courts can do to assist plaintiffs seeking to recover funds in the UK and overseas. This collection of essays, the first on the subject, throws important fresh light on the solutions offered by the common law and equity, and considers the judicial reasoning in recent landmark cases.
David Hayton: Equity's Identification Rules Paul Matthews: The Legal and Moral Limits of Common Law Tracing Stephen Moriarty: Tracing, Mixing, and Laundering Helen Norman: Tracing the Proceeds of Crime: An Inequitable Solution Simon Gleeson: The Involuntary Launderer: The Banker's Liability for Deposits of the Proceeds of Crime Richard Nolan: Change of Position Kit Barker: After Change of Position: Good Faith Exchange in the Modern Law of Restitution Ewan McKendrick: Total Failure of Consideration and Counter-Restitution: Two Issues or One William Swadling: The Nature of Ministerial Receipt Francis Rose: Passing On Peter Birks: The New Emphasis on Defences