Abstract
Abstract The term “Quistclose trust” requires little introduction. Prickly Bay Waterside Ltd v British American Insurance Co Ltd [2022] UKPC 8 appears to be another Quistclose trust case adding to the wealth of authority on this subject—but is it? Apart from distilling the previous authorities, the Judicial Committee of the Privy Council seems to have set down other signposts to guide the courts. This article discusses the development of the Quistclose doctrine brought by this Privy Council decision. In particular, it will explore the purported refinement of the test of Quistclose trust, the relevant intention to be proven under the test, the issues in relation to fiduciary duty in this context, and also the way forward.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
