Durant Intl. Corp. v. Brazil [2015] 2 JLR 1 (03 August 2015)
- Citation
- [2015] 2 JLR 1
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that tracing does not require proof of the exact order of transfers or the state of balances at all times, as long as there is a sufficient link between the original funds and the funds to be traced, and the transactions are considered in substance rather than form.
Court disposition
judgment for plaintiff
02
Material facts
Parties
Durant International Corporation
PlaintiffBrazil
Defendant03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
What are the rules governing tracing in trust law?
- 02
Is it necessary to establish the exact order of transfers or state of balances to succeed in a tracing claim?
Party arguments
- Applicant
- The plaintiff argued that tracing should be permitted where there is a sufficient link between the original funds and the funds sought to be traced, without requiring proof of the exact order of transfers or the state of balances at all times.
- Respondent
- The defendant contended that tracing requires strict proof of the movement of funds, including the exact order of transfers and the state of balances at all relevant times.
05
Court’s reasoning
Legal principles
- 01
Durant Intl. Corp. v. Brazil [2015] 2 JLR 1
Tracing requires the court to judge whether, on the evidence, the plaintiff shows a sufficient link between the original funds and the funds to be traced, regardless of the exact order in which transfers occur or the state of balances, provided this is within a reasonable timeframe. The court should consider the substance of the transactions, not their form.
06
Ratio, limits and disposition
Ratio decidendi
The court held that tracing does not require proof of the exact order of transfers or the state of balances at all times, as long as there is a sufficient link between the original funds and the funds to be traced, and the transactions are considered in substance rather than form.
Court disposition
judgment for plaintiff
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> Durant Intl. Corp. v. Brazil [2015] 2 JLR 1 (03 August 2015) URL: https://www.bailii.org/je/cases/JLR/2015/JLR152001.html Cite as: [2015] 2 JLR 1 [ New search ] [ Help ] Durant Intl. Corp. v. Brazil 2015 (2) JLR 1 (03 August 2015) Trusts-tracing action-rules of tracing-tracing requires court to judge whether, on evidence, plaintiff shows sufficient link between original funds and funds to be traced (regardless, within reasonable timeframe, of exact order in which transfers occur or state of balances)-court to consider substance of transactions, not form The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2015 (2) JLR 1 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2015/JLR152001.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.