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Twinsectra Ltd v Yardley
''Twinsectra Ltd v Yardley'' () (UKHL 12 ) is a leading case in English trusts law. It provides authoritative rulings in the areas of ''Quistclose'' trust and dishonest assistance.
==Facts==
Twinsectra Ltd sued an entrepreneur, Mr Yardley, and two solicitors, Mr Sims and Mr Paul Leach (of Godalming), for failing to repay a £1m loan. Twinsectra Ltd had given £1m to Mr Sims to pass onto Mr Yardley as a loan for buying real estate near Apperley Bridge, Bradford. Twinsectra Ltd had said it would only give the loan if someone guaranteed Mr Yardley's repayment. Mr Yardley's solicitor, Mr Leach, refused to give the guarantee, but Mr Sims accepted. Mr Sims had owed £1.5m to Mr Yardley from previous dealings. They agreed that if Mr Sims took the loan into his account first, the prior debts would be considered repaid. Mr Sims promised Twinsectra Ltd to not release the money unless the loan conditions were satisfied. The clause read as follows.
However, Mr Sims then gave the money to Mr Yardley’s solicitor anyway, Mr Leach, who passed it onto Mr Yardley. Instead of using the money for the investment, Mr Yardley, in breach of contract used £357,720.11 to pay off some of his debts. Twinsectra Ltd sued Mr Yardley to get the money back and also both solicitors. Mr Sims was now bankrupt. It argued the money was bound by a trust, that Mr Sims was in breach of trust, and Mr Leach dishonestly assisted the breach.
The trial judge found that Mr Leach was not dishonest because he honestly believed that the undertaking did not run with the money. However, he made a contradictory finding that Leach had deliberately shut his eyes. In the Court of Appeal, Potter LJ held that Mr Leach was in fact dishonest, precisely because he had deliberately shut his eyes. A presumption in the transferor’s favour can only be made where there is no evidence that there was an intention to create a trust, or make a gift, or make a loan of the property to the transferee.〔() WTLR 527, 562〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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