header-logo header-logo

23 October 2015 / Elaine Palser
Issue: 7673 / Categories: Features , Profession
printer mail-detail

A trust by any other name

nlj_7673_palser

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll