1. Equitable proprietary claims against strangers
   1. Bona fide purchaser
      1. bona fide purchaser for value w/o notice
      2. Takes property free from beneficiaries' interest
      3. No proprietary claim/tracing used
   2. innocent volunteer
      1. Can bring a proprietary claim
      2. Kinder rules apply
      3. Clean substitutions
         1. Can claim a proprietary claim to recover the asset
      4. Purchase of asset with mixed funds
         1. B and IV share asset rateable in proportion to their contribution to purchase price
         2. Will persist regardless of change in value of asset
      5. Mixed withdrawals from account
         1. Clayton's Case
            1. FIFO
         2. Barlow Clowes
            1. Inequitable
            2. (Unlikely to apply)
         3. Inequitable result
            1. Re Diplock
            2. IV have defence if they can show that tracing and resulting proprietary claim would produce an inequitable result
            3. Money used to pay debts= dissipated and untraceable
            4. Money used for improvements of buildings can't be traced unless they add value to building
            5. If only option is to sell and deprive IV of land- will be inequitable
   3. wrongdoer
      1. Can bring a proprietary claim
      2. harsher rules
      3. Clean substitution of asset for stolen money
         1. Can use equitable tracing if fidudicary
         2. Can claim the item
         3. Or a charge over it
      4. Stolen money into mixed account
         1. Mixed
            1. Can't use common law tracing
         2. Can use equitable
            1. If they are a fiduciary
         3. Re Hallet
            1. Presumption of honesty
            2. Spend their own money first
         4. Re Oatway
            1. If Re Hallet would produce an inequitable result
            2. Can claim a charge over asset
            3. Or asset itself
      5. Purchase of asset with mixed funds
         1. Equitable tracing
            1. Fiduciary only
         2. Foskett v McKeown
            1. Claim ownership in proportion to contribution
            2. or lien
2. Common law claim for restitution
   1. Only can be brought by legal owner of property
   2. Personal claim
      1. Same order as unsecured creditor if D bankrupt
   3. Effect
      1. Must return enrichment they have received to C
   4. Standard of liability
      1. No need to prove state of mind
      2. Strict liability
   5. Requirements
      1. Must show that C is legal owner of orperty
      2. D received C's property
         1. If changed form
            1. Use common law tracing
         2. If common law tracing fails
            1. Restitution unavialble
   6. Defences
      1. Bona fide purchase for value w/o notice
      2. Change of position
         1. Where innocent D has changed position and it is unjust to compel them to make restitution
         2. Occurs where D spends money in an exceptional and irretrievable manner before finding out not entitled to it
            1. Lipkin Gorman v Karpnale
            2. Winnings were exceptional
            3. Businesses/debts not exceptional
            4. Would have paid anyway
         3. D must act in good faith
            1. Abou-Rahman v Abacha
            2. practice of a kind that falls short of oughtright dishonesty
3. Equitable personal claims against strangers
   1. Accessory liability
      1. Requirements
         1. Breach of a trustee or fiduciary duty
         2. Assisted by the stranger
         3. Stranger is dishonest
            1. Royal Brunei Airlines v Tan
            2. Stranger must be dishonest, not the breach
            3. Conscious impropriety- objective test
            4. Not acting as an honest person would in the circumstances
            5. Confirmed in Barlow Clowes and Ivey v Genting
            6. "Did D act as an honest person would have in circumstances"
            7. No need to know details
      2. Effect
         1. Liable to account as though they are trustees
         2. Under a duty to account for and restore trust property
            1. Williams v Central Bank of Nigeria.
         3. Personal claim brought for value lost+ interest
   2. Intermeddling
      1. When someone who isn't a trustee does acts characteristic of a trustee
         1. Will be liable for any misapplication of trust property or loss caused
      2. Mara v Browne
      3. Effect
         1. Will be a trustee de son tort
            1. Lyell v Kennedy
         2. Constructive trustee
            1. Williams v Central Bank of Nigeria
   3. Recipient liability
      1. Elements
         1. Trustee transferred property to a stranger in breach of trust
            1. Can be a fiduciary also
         2. Stranger received property for stranger's own benefit
         3. Stranger received property with the requisite degree of knowledge that the transfer of property was in breach of a trustee duty, or they later acquired the knowledge and dealt with property in a manner inconsistent with trust duty
      2. Level of knowledge
         1. BCCI v Akindele
            1. "Does stranger have sufficient knowledge that the property was transferred to him breach of trust to make it unconscionable for him to to have or deal with property
            2. Requires conscious impropriety on D's part
            3. Re Montague Settlement
      3. Effect
         1. Williams v Central Bank of Nigeria
            1. Liable to account for and restore trust property
            2. Williams v Central Bank of Nigeria