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The Quistclose Trust : Critical Essays - BLOOMSBURY ACADEMIC

The Quistclose Trust

Critical Essays

Hardcover

Published: 25th February 2004
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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). 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.

All students and practitioners who are required to deal with trust relationships should read this book, as it is a masterclass of learning and insight on the subject of trusts. Martin Palmer Journal of International Trust and Corporate Planning August 2004 ...it must be emphasised that this is an excellent collection of essays. 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. From a personal perspective, the reviewer feels privileged to be able to review a book that contains Professor Birks' last published word on the subject of Quistclose trust. Look Chan Ho Journal of Business Law November 2004

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ISBN: 9781841134123
ISBN-10: 1841134120
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 213
Published: 25th February 2004
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 24.1 x 16.6  x 2.4
Weight (kg): 0.51
Edition Number: 1