header-logo header-logo

26 January 2018 / Alec Samuels
Issue: 7778 / Categories: Features
printer mail-detail

The equity of exoneration

nlj_7778_samuels

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

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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll