Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“It really is saving us a huge number of hours over the days, weeks and months. Having more relevant support at hand, not having to draft or review documents them from scratch - it all adds up.”

Southampton FC

Access all documents on Money paid for a special purpose

Money paid for a special purpose meaning

What does Money paid for a special purpose mean?
money paid for a special purpose describes funds advanced to a recipient on terms that they are to be used only for a defined purpose (for example, paying identified creditors, completing a transaction, or holding client money). In practice, the recipient is treated as holding the money on trust or fiduciary terms: there is a primary trust to apply the money for the stated purpose; if that purpose fails, a secondary, resulting trust arises in favour of the payer so the funds must be returned. This case-law doctrine (commonly associated with Barclays Bank v Quistclose Investments and later authorities) can ring-fence the money from the recipient’s general assets, including on insolvency, and supports tracing and proprietary claims. Typical contexts include escrow and stakeholder arrangements, conditional loans, deposits, completion monies and client accounts. Key indicators are segregation of funds, clear restrictions on use and an intention that unused funds revert to the payer. Usage is broadly consistent across England and Wales and Northern Ireland. Irish courts have applied similar reasoning. In Scotland, comparable results are reached under trust principles where an intention to create a purpose trust over segregated funds is shown, though the doctrinal analysis may differ.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.