Allen & Overy's opinion July 2011: Move over, darling | Practical Law

Allen & Overy's opinion July 2011: Move over, darling | Practical Law

PLC Dispute Resolution has published an opinion piece by Allen & Overy addressing the doctrines of equity (also known as the maxims of equity). (Free access)

Allen & Overy's opinion July 2011: Move over, darling

Practical Law UK Legal Update 5-506-8638 (Approx. 2 pages)

Allen & Overy's opinion July 2011: Move over, darling

by PLC Dispute Resolution
Published on 13 Jul 2011England, Wales
PLC Dispute Resolution has published an opinion piece by Allen & Overy addressing the doctrines of equity (also known as the maxims of equity). (Free access)
PLC Dispute Resolution has published the latest article from Richard Farnhill, a partner in Allen & Overy LLP's Litigation and Dispute Resolution group, in which he shares his views on current issues in litigation.
In Article, Move over, darling, the author considers some key principles of the equitable doctrines or maxims, emphasising their importance in assessing whether equity may offer a solution to a legal problem. In particular, he discusses the meaning and application of the following doctrines:
  • Equity will not assist a volunteer.
  • He who comes to equity must do so with clean hands.
  • He who seeks equity must do equity.
  • Delay defeats equity.
  • Laches.
  • Equity looks to the intent rather than the form.
  • Equity regards as done that which ought to be done.