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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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Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

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Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

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Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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