header-logo header-logo

15 May 2015 / Steve Evans
Issue: 7652 / Categories: Features , Property
printer mail-detail

Dirty hands reach further

nlj_may_15_evans

The law surrounding illegal conduct & trusts is in a muddle, says Steve Evans

The maxim of equity “he who comes to equity must come with clean hands” used to be as inviolable as it was pithy. For nearly two centuries, courts of equity denied equitable relief to a claimant whose conduct was tainted by illegality. Rationally enough, this was to deter persons from entering into illicit transactions.

Tinsley v Milligan

However in 1994, the House of Lords in Tinsley v Milligan [1994] 1 AC 340, [1993] 3 All ER 65, sidestepped this maxim. That case concerned a resulting trust. Two lesbian partners both contributed to the purchase of a house, but the name of one of them was deliberately kept off the title so that she could pretend she did not have that asset and she illegally claimed benefits. Nevertheless, when the house was sold following the breakdown of the relationship, she still wanted her share of the sale proceeds because of her contributions to the purchase price of the house—and she

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll