should the claytons case (first in first out) apply to claimant who are beneficiary and volunteer

[joey57]

It might be suggested that the corollary of treating two claimants on a mixed fund as interested rateably should be that withdrawals out of the fund ought to be attributed rateably to the interests of both claimants. But in the case of an active banking account this would lead to the greatest difficulty and complication in practice and might in many cases raise questions incapable of solution. What then is to be done? In our opinion, the same rule as that applied in Clayton’s case should be applied ... It has been applied in the case of two beneficiaries whose trust money has been paid into a mixed bank account from which drawings were subsequently made ... In such a case both claimants are innocent, neither is in a fiduciary relation to the other ... the same occurs where the claimants are beneficiary and volunteer ... accordingly ... the same principle should be adopted.” (Per Lord Green MR in Re Diplock)

Discuss.

[TonyV]

and joey?

[mike11111]

Homework?

[TonyV]

Mike - but why? Good Morning

[woofgang]

Pooh I wouldn't rely on the answers you'll get here love!