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Vol 22 No 11 Nov/Dec 2017

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The Law of Contract Damages

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The Quistclose Trust: Critical Essays

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ISBN13: 9781841134123
ISBN: 1841134120
Published: February 2004
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £50.00

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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 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.

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Equity and Trusts
1. Rolls Razor Ltd
Robert Stevens
2. Orthodoxy
William Swadling
3. Lord Millett’s Analysis
James Penner
4. Understanding the Power
Lionel Smith
5. Restrictions on the Use of Money
Robert Chambers
6. Retrieving Tied Money
Peter Birks
7. Commerce
Ewan McKendrick
8. Insolvency
Robert Stevens
9. Scotland
George Gretton