Nicholas McBride, ‘The Future of Clean Hands’

This paper introduces the concept of a supererogatory remedy (a remedy which no one has a right to, and which it is not necessary to award) and seeks to argue that the equitable defence of clean hands has a distinctive role to play in determining whether such a remedy will be granted. As such, the defence of clean hands can be distinguished from the defence of illegality, with which it is often confused.

McBride, Nicholas, The Future of Clean Hands (May 1, 2018). Davies, Douglas and Goudkamp (eds), Defences in Equity, 2018, ISBN: 9781509921010.

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