The Quistclose Trust: Critical Essays: William Swadling.
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The Quistclose Trust: Critical Essays. 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.
The so-called Quistclose trust probably represents the single most important application of equitable principles in commercial life. (Lord Millett in the foreword to this book). The decision of the House of Lords in Twinsectra v Yardley has refocused attention on the Quistclose trust.
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William Swadling, MA (Oxon), LLM (Lond) is Reader in the Law of Property and the Senior Law Fellow at Brasenose College. He chairs the faculty's teaching groups in Restitution and Personal Property. Before coming to Oxford, he held posts at a number of other universities, including University College London and Trinity College, Cambridge.
Buy the Hardcover Book The Quistclose Trust: Critical Essays by William Swadling at Indigo.ca, Canada's largest bookstore. Free shipping and pickup in store on eligible orders. The so-called Quistclose trust probably represents the single most important application of equitable principles in commercial life.
The level of learning and scholarship contained therein is remarkable. From a practical perspective, this book has further confirmed that the Quistclose trust analysis remains somewhat unstable and lenders are better off relying on the conventional security, rather than structuring transactions around a Quistclose trust.
Buy the Kobo ebook Book The Quistclose Trust: Critical Essays by Mr William Swadling at Indigo.ca, Canada's largest bookstore. Free shipping and pickup in store on eligible orders. To help keep our communities safe, all our retail locations are temporarily closed until further notice.
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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). The purpose of these essays is to explore the supposed foundations of the trust and subject them to a searching analysis.
