||All England Reporter
|| All ER (D) 466 (Jul)
|| EWCA Civ 1095
||Court of Appeal, Civil Division
Aldous, Chadwick and Mance LJJ
||Augustus Ullstein QC (instructed by Philip Ross & Co) for the appellant.
||David Phillips QC and Timothy Nesbitt (instructed by Streeter Marshall, Croydon) for the respondent.
||30 July 2002
Illegality - Lease - Option to purchase freehold - Father and daughter - Whether express trust created - Whether trust including illegal terms - Whether property held on trust to defraud Inland Revenue and creditors.
It was settled law that, neither at law nor in equity, might a party rely on his own fraud or illegality to found a claim or rebut a presumption; but that common law and equity alike would assist him to protect and enforce his property rights if he could do so without relying on the fraud or illegality.
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