Source: All England Reporter
Publisher Citation: [2002] All ER (D) 466 (Jul)
Neutral Citation: [2002] EWCA Civ 1095
Court: Court of Appeal, Civil Division

Aldous, Chadwick and Mance LJJ

Representation 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.
Judgment Dates: 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.

The Case

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.

Practice Areas

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