header-logo header-logo

01 April 2010 / Caroline Lody , David Hertzell
Issue: 7411 & 7412 / Categories: Features , Profession
printer mail-detail

Illegality defence

The complexities of the illegality defence could soon be history. David Hertzell & Caroline Lody explain why

The Law Commission published a final report and draft Bill to reform the illegality defence in trusts law last month. The reforms aim to make the law clearer and less arbitrary. The draft Trusts (Concealment of Interests) Bill applies where a trust has been created to conceal the ownership of property for a criminal purpose, such as where someone “parks” property in someone else’s name to defraud creditors. The Bill provides that in most cases, a claimant beneficiary would be able to rely on their normal right to enforce the trust. However, in exceptional circumstances the courts would have a discretion to give the property to the trustee.

The problem

Calls for law reform arose out of the House of Lords’ decision in Tinsley v Milligan [1994] 1 AC 340. Here a couple bought a house together but registered it in Ms Tinsley’s name only, so that Ms Milligan could unlawfully claim social security benefits. When the relationship ended, Ms Tinsley sought to evict

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll