The law on tracing is problematic from its very core. Using tracing, property rights in one item of property may be transferred into different items of property, and even translated into entirely different sorts of proprietary and non-proprietary rights in the form of charges, liens and constructive trusts by way of remedy. Consequently, the claimant can acquire ownership rights against items of property in which the claimant had never previously had any rights. Clearly this form of action achieves justice for claimants who have had property taken from them by fraudsters and other wrongdoers; it also provides a different quality of justice for those who have had property taken from them without their consent in other ways.
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