header-logo header-logo

23 June 2017
Issue: 7751 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Civil way: 23 June 2017

119 year service; clutter clearance & picking up litigation

The ‘old ones’ are the best

My lecturer at the College of Law (before it morphed into something else and its profits were hit) assured us on introducing equity as the subject for study that it was ‘a load of nebulous c**p’. He had a point—but only to a point. Provided hands are clean, it can do a litigant a power of good. Take the equitable doctrine of exoneration, for example. You may have popped into the Court of Appeal when judgments were being delivered in Paget v Paget [1898] 1 Ch 470 which was big on exoneration. It has taken 119 years for the equity to return to the Court of Appeal in Armstrong (as Trustee in Bankruptcy of Onyearu) v Onyearu and another [2017] EWCA Civ 268.

This is how the equity works. If property is jointly owned by A and B and is charged by A to secure the debts of B only, it is presumed that A intended to enter into the charge simply be way of security and is entitled

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll