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Watt: Equity and Trusts Directions

Chapter 16

Twinsectra Limited v Yardley [2002] UKHL 12, HL.
www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd020321/yardle-1.htm
An important decision in relation to the 'Quistclose' trust.

A Speirs 'Escape from the Tangled Web' [2002] 3 Web JCLI
webjcli.ncl.ac.uk/2002/issue3/speirs3.html
An article on Twinsectra Limited v Yardley

Law Commission 'Illegal Transactions: The Effect Of Illegality On Contracts And Trusts' Consultation Paper 154 ( 21 January 1999)
www.lawcom.gov.uk/docs/cp154.pdf

According to the Law Commission website, the response to this paper was “mixed”: “Many respondents supported a statutory discretion. A strong minority, however, felt that a discretion would introduce even greater uncertainties into the law. We have since looked at ways that the law could be rationalised without statutory intervention. We presented a paper to the SPTL Conference in 2002 which set out some preliminary thoughts along these lines. However, the issues have proved difficult and controversial and Commissioners have not yet reached any final conclusions”.