The Quistclose Trust: Critical Essays: William Swadling.
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.
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Scholars say that a literal translation of the title of this story is “waste newspapers.” Although the English title, “Swaddling Clothes,” is not entirely accurate, ironically, it captures a central tension of the tale.
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.
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