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 charge on the house. In due course his business runs
