The Quistclose Trust
Author | : William Swadling |
Publisher | : Hart Publishing |
Total Pages | : 214 |
Release | : 2004-02 |
ISBN-10 | : 9781841134123 |
ISBN-13 | : 1841134120 |
Rating | : 4/5 (23 Downloads) |
Download or read book The Quistclose Trust written by William Swadling and published by Hart Publishing. This book was released on 2004-02 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decision of the House of Lords in Twinsectra v Yardley (2002) has refocused attention on the Quistclose trust (Barclays Bank v Quistclose Ltd 1970] AC 567). Although accepted by British insolvency lawyers as a convenient tool for corporate rescue, the precise basis of the trust has always been in doubt. The purpose of these essays is to explore the supposed foundations of the trust and subject them to a searching analysis. In particular, attention will focus on Lord Millett's controversial analysis in Twinsectra of the way the trust works and his assertion that it is consistent with traditional principles of trust law.