What were Lord Westbury’s intentions in Phillips v Phillips? Bona fide purchase of an equitable interest

Reilly, A. (2021) What were Lord Westbury’s intentions in Phillips v Phillips? Bona fide purchase of an equitable interest. Cambridge Law Journal, 80(1), pp. 156-183. (doi: 10.1017/S0008197320000859)

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Abstract

In Phillips v Phillips, Lord Westbury stated that, against a bona fide purchaser faced with an “equity” to rescind, “the Court will not interfere”. This has been interpreted to mean that purchasers of even an equitable interest shall take free of prior equities. Yet the distinction between “equities” and equitable interests has been, and remains, uncertain; some have therefore questioned the intent behind Phillips. This paper shall elucidate Lord Westbury's intentions within their historical context and argues that Phillips offers a coherent, functional explanation of both: (1) the protection given to equity's darling; and (2) how that protection was effected.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Reilly, Dr Adam
Authors: Reilly, A.
College/School:College of Social Sciences > School of Law
Journal Name:Cambridge Law Journal
Publisher:Cambridge University Press
ISSN:0008-1973
ISSN (Online):1469-2139
Published Online:30 March 2021
Copyright Holders:Copyright © 2021 Cambridge Law Journal and Contributors
First Published:First published in Cambridge Law Journal 80(1):156-183
Publisher Policy:Reproduced in accordance with the copyright policy of the publisher

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