In its December 2015 issue, the Butterworths Journal of International Banking and Financial Law published an article by Roger Laville about backward tracing. This extension to the established principles of tracing was recognised in the recent Privy Council decision of The Federal Republic of Brazil v Durant International Corporation  UKPC 35. In certain circumstances it permits the tracing of trust property or the proceeds of fraud through overdrawn accounts or into new property acquired before the proceeds themselves were received. Roger’s article focusses on the relevance of backward tracing to the banking and finance world. It can be accessed here.
21st December 2015