The Quistclose Trust: Critical Essays: William Swadling.
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 subject. This mystery is largely caused by the unconventional principles.
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A similar form of trust that arises when money is advanced for a particular purpose, but is not then used for that purpose (e.g. to pay a company dividend, to a pay a specified creditor, to purchase goods or for a particular project) may be called a 'Quistclose trust' (Barclays Bank v Quistclose Investments Ltd (1970) AC 567 (HL)).Such a trust does not strictly 'result' for the actions of the.
The Quistclose doctrine is a relatively recent creature of equity representing the application of a trust as a device for the purpose of conferring priority to lenders against an insolvent’s pre.
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