QUISTCLOSE TRUSTS FROM A CORPORATE INSOLVENCY PERSPECTIVE: A POSITIVE AND NORMATIVE ANALYSIS | The Cambridge Law Journal
I. Introduction Leading cases show Quistclose trusts being used by companies nearing insolvency.Footnote 1 Their use in this context raises serious normative problems: allowing a lender or, in a Re Kayford trust, a purchaser, to make itself a beneficiary may prefer that lender or purchaser to the borrower’s other creditors. Use of funds subject to…









