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26 January 2018 / Alec Samuels
Issue: 7778 / Categories: Features
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The equity of exoneration

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Alec Samuels reflects on a war that has not yet been won

  • The equity of exoneration is a protection for the woman involved in a dispute with a creditor of her husband.
  • But in the nature of things equity can be vague, uncertain, unpredictable.

The equity of exoneration. What’s all this? It sounds like one of those obscure archaic doctrines that Lord Denning used to spring up on us in order to right one of his perceived injustices. In fact it turns out to be a protection for the woman involved in a dispute with a creditor of her husband. The battle for the emancipation and protection and liberation of women has gradually won the day over the last century or more, but as Lady Hale repeatedly reminds us, the war has not yet been finally won.

The situation

The husband owns the freehold in the house. The house serves as the matrimonial home in which the family lives. The husband raises money for his business, taking a bank loan secured by a

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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