Tinsley v Milligan
Tinsley v Milligan
- 1992
- Property and Compensation Reports (1992) 63 P&CR 152-178(14) .
CA 30 July 1991. Joint owners of a boarding house separated, the plaintiff (T) leaving. The property was registered in her name only. Relying on the fact that her partner had formerly been involved in DSS housing benefit fraud, and would be unable to depend upon the existance of an illegal arrangement, T claimed possession and gave the defendant (M) notice to quit. M counterclaimed for an order of sale on the grounds that T held the house on trust for both of them. M`s victory at the first instance was repeated in the Court of Appeal, as the defence of minor illegality would be a lesser affront to justice than refusing relief to M who was entitled to a half share of the property.
CLEAN HANDS
CONSTRUCTIVE TRUST
ILLEGAL CONTRACT
CA 30 July 1991. Joint owners of a boarding house separated, the plaintiff (T) leaving. The property was registered in her name only. Relying on the fact that her partner had formerly been involved in DSS housing benefit fraud, and would be unable to depend upon the existance of an illegal arrangement, T claimed possession and gave the defendant (M) notice to quit. M counterclaimed for an order of sale on the grounds that T held the house on trust for both of them. M`s victory at the first instance was repeated in the Court of Appeal, as the defence of minor illegality would be a lesser affront to justice than refusing relief to M who was entitled to a half share of the property.
CLEAN HANDS
CONSTRUCTIVE TRUST
ILLEGAL CONTRACT