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 |
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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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