Roscoe (James) (Bolton) Ltd v Winder

Beneficiaries cannot trace into a mixed account beyond the lowest intermediate balance, because later payments in are not treated as repaying the trust.

Citation
[1915] 1 Ch 62
Court
Chancery Division
Year
1915
Subject
Equity and Trusts
Topic
Tracing and third party liability

Facts

Mr Wigham bought a business from Roscoe, and agreed to collect its debts and pay the money to Roscoe. He collected about £455, which he paid into his own bank account, and then withdrew money from the account until the balance fell to about £25. He later paid more of his own money into the account. When he died, the balance was about £358. Roscoe claimed the whole balance.

Legal principle

Sargant J held that Roscoe could only trace to the extent of the lowest intermediate balance of the account, about £25. Money paid into the account after the balance had fallen could not be treated as a repayment of the trust money, unless the trustee showed an intention to do so, because the trust money had been dissipated when the balance fell. Roscoe was an unsecured creditor for the rest.

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