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Do indirect benefits give rise to the equity of exoneration? (Armstrong v Onyearu)

Do indirect benefits give rise to the equity of exoneration? (Armstrong v Onyearu)
Published on: 27 April 2017
Published by: LexisPSL
  • 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?

Article summary

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. or take a trial to read the full analysis.

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