Commonly employed in corporate rescue situations, the quistclose trust (from barclays bank ltd v quistclose investments ltd  ac 567) is a device that enables an investor to advance funds to a troubled company to be used for a specific purpose if the recipient company becomes insolvent before the money is spent. Barclays bank ltd v quistclose investments ltd  ukhl 4 is a leading property, unjust enrichment and trusts case, which invented a new species of proprietary interest in english law a quistclose trust arises when an asset is given to somebody for a specific purpose and if for whatever reason the purpose for the. This note explains that a quistclose trust is a form of resulting trust that may arise when funds are transferred for specific and exclusive purposes, as explained in twinsectra ltd v yardley and others  ukhl 12 it gives examples from case law of loans and other situations, and summarises factors to consider when. A quistclose trust is created when a lends money to b for the specific purpose of enabling b to pay its creditors or a specific class of them [c 31 the money is then impressed with a trust and may not be reached by third parties other than the beneficiaries of the trust assuming the purpose of the trust should fail, the money. Abstract - the quistclose trust is an invaluable commercial device for lenders in view of its unique quasi-security element it is the product of equity's flexibility in navigating the strict rigours of the common law unfortunately, since its inception and recent resurgence in twinsectra v yardley, it has been an eternally baffling.
The quistclose trust is a resulting trust for the lender who retains the beneficial interest in the moneys, subject to the borrower's right to apply the moneys towards the specified purpose in accordance with the lender's instructions, and if the purpose fails, the borrower is obliged to return the moneys to the. The so-called quistclose trust probably represents the single most important application of equitable principles in commercial life (lord millett in the. Categorise the relationship as that of express trust, resulting trust, or of no trust at all security for the lender in twinsectra v yardley, lord millett remarked in the context of quistclose trusts that the ''whole purpose of the arrangements is to prevent the money from passing to the borrower's trustee-in.
Full-text paper (pdf): the quistclose trust | researchgate, the professional network for scientists. The quistclose trust: intention and the express private trust flona r b u r n s i introduction the trust and debt relationship encapsulated in the leading case of barclays bank limited v quistclose investments limited (hereinafter referred to as 'quistclose')' is one of both academic and practical. He quistclose trust is a legal quagmire, described as both 'the single most important application of equitable principles in commercial life' and 'an aberrant creation of common law'1 despite recent efforts,2 the area remains besieged with conceptual uncertainty it sits unsatisfactorily amongst orthodox equitable.
Oxbridge essays wwwoxbridgeessayscom equity and trust law - the quistclose trust essay development plan ever since barclays bank ltd v quistclose,1 trusts have been inferred by english courts where a transferor gives an asset to a transferee for specific purpose and the latter uses the asset for another purpose. A quistclose trust is a trust created where a creditor has lent money to a debtor for a particular purpose in the event that the debtor uses the money for any other purpose, it is held on trust for the creditor any inappropriately spent money can then be traced, and returned to the creditors the name and trust comes from the. The decision of the house of lords in twinsectra v yardley (2002) has refocused attention on the quistclose trust (barclays bank v quistclose ltd  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.
Ian croxford qc and clare stanley qc acted for the successful appellant in this hard fought and long-running quistclose trust case the main judgment given by briggs lj (with whom moore-bick and underhill lj agreed) is characteristically didactic, and contains a coherent and very welcome exposition of the test for a.
Abstract the august 2010 issue featured a sustained, and well-written, argument by michael smolyansky that lord millet's exegesis, in twinsectra v yardley, of. The monies were held on a quistclose trust lord millett rejected lord wilberforce's characterisation, and instead characterised the quistclose trust as a resulting trust arising at the time of payment for the lender's benefit, but subject to a power or duty to apply the monies in accordance with the stated. Abstract—dr robert chambers has recently argued that a loan on quistclose terms does not actually create a trust, but rather the borrower receives the entire beneficial ownership of the funds subject only to a contractual right (enforceable by an injunction) on the part of the lender to prevent the loan being.