- Do indirect benefits give rise to the equity of exoneration? (Armstrong v Onyearu)
- Original news
- What was the background to the case?
- What issue arose for the Court of Appeal’s consideration?
- What did the Court of Appeal decide and why?
- To what extent is the judgment helpful in clarifying the law in this area?
- How does the decision fit in with other developments in this area of law?
- What are the practical lessons that those advising can take away from the case?
Restructuring & Insolvency analysis: Will a joint owner of property who has indirectly benefitted from the other co-owner’s having secured debts against the property still be entitled to a charge over the latter’s share of the property under the equity of exoneration? Simon Passfield, barrister, of Guildhall Chambers, examines the Court of Appeal’s approach in Armstrong v Onyearu.
Sign in or take a trial to read the full analysis.
To continue reading this news article, as well as thousands of others like it, sign in to LexisPSL or register for a free trial