chapter  2
Are cases such as Lewis v Averay (p 501) and Stevenson v Beverley Bentinck (p 400) tracing claims? 3 Did the Court of Appeal in Beswick v Besivick (p 78) allow Mrs Beswick to recover on the basis of tracing at common law? 4 P gives D a £5 note thinking D is T, to whom P owes £5. Does P remain the owner of the £5 note now in D’s possession? (c) Equitable proprietary claims
Pages 36

Agip (Africa) Ltd v Jackson [1990] Ch 265 Chancery Division; [1991] Ch 547 Court of Appeal

(See p 240.)

Boscawen v Bajwa [1995] 4 All ER 769 Court of Appeal

(See p 244.)

Westdeutsche Landesbank Girozentrale v Islington LBC [1996] AC 669 House of Lords

This was an action for money had and received brought by a bank against a local authority. Such an action, if successful, would carry only simple interest under statute. In order to obtain compound interest, the bank claimed that they had an alternative proprietary claim in equity. The House of Lords, on a preliminary question of law, rejected the equitable proprietary argument and a majority also rejected the compound interest claim. The background facts to this case are discussed in Kleinwort Bank v Birmingham CC and by Leggatt LJ in Kleinwort Benson v Glasgow CC; and the actual question at issue in this present case is set out by Lord Lloyd (below).