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23 October 2015 / Elaine Palser
Issue: 7673 / Categories: Features , Profession
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A trust by any other name

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Elaine Palser considers the latest authorities on the Quistclose trust

In Bellis v Challinor [2015] EWCA Civ 59, [2015] All ER (D) 213 (Feb) and Gore v Mishcon de Reya [2015] EWHC 164 (Ch), [2015] All ER (D) 57 (Feb), the question arose whether monies transferred to a solicitors’ client account were held on trust for the solicitors’ client or on a Quistclose trust for the transferor. Both decisions have provided clarity as to when a Quistclose trust will be found to exist and the nature of the construction exercise the court will undertake.

Quistclose trusts are important where monies are provided for a specific purpose and the recipient of funds becomes insolvent before that purpose is fulfilled. If there is a trust, then the transferor of the funds has a proprietary claim to the money (and the ability to trace) as opposed to ranking merely as an unsecured creditor. It also means that recipients of such funds—including solicitors holding monies in client accounts—could be sued for breach of trust if they part

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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