Landmark Cases
Fitzroy v Gwillim
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Fitzroy v Gwillim is an English case decided in 1786 by the Court of King's Bench, with an opinion by Chief Justice Lord Mansfield, in which the clean hands equitable doctrine was explicitly formulated, alongside Dering v Earl of Winchelsea the following year; the concept spread from these two cases to other common law countries.
Facts
Decision Year HoldingFormulated the clean hands doctrine: a party seeking equity must come to court free of wrongdoing directly related to the matter at hand, or the court may decline to rule in their favour. Decided by the Court of King's Bench, opinion by Chief Justice Lord Mansfield. 1 Current StatusHistorically cited as an example of a case reckoned bad law for a period without ever being formally overruled. 2 Cross-Tradition Connections
Established
In Legal System
Sources
1. Clean Hands (Wikipedia)
Appearance in English law section (formulation and court)Quote, Appearance in English law section (formulation and court)
The doctrine was explicitly formulated in the cases Fitzroy v. Gwillim (1786; Court of King's Bench, opinion by Chief Justice Lord Mansfield) and Dering v. Earl of Winchelsea (1787; Court of the Exchequer, Lord Chief Baron Eyre), respectively, from which the concept spread to other common law countries.
1. Clean Hands (Wikipedia)
Appearance in English law section (case year)Quote, Appearance in English law section (case year)
The doctrine was explicitly formulated in the cases Fitzroy v. Gwillim (1786; Court of King's Bench, opinion by Chief Justice Lord Mansfield)
1. Clean Hands (Wikipedia)
Lede (doctrine definition)Quote, Lede (doctrine definition)
states that a party is required to be free of wrongdoing (come with "clean hands") if it wants the court to issue a ruling in their favour
1. Clean Hands (Wikipedia)
Established: Clean Hands Doctrine, Appearance in English law section (doctrine origin edge)Quote, Established: Clean Hands Doctrine, Appearance in English law section (doctrine origin edge)
The doctrine was explicitly formulated in the cases Fitzroy v. Gwillim (1786; Court of King's Bench, opinion by Chief Justice Lord Mansfield) and Dering v. Earl of Winchelsea (1787; Court of the Exchequer, Lord Chief Baron Eyre), respectively, from which the concept spread to other common law countries.
2. Bad Law (Wikipedia)
WikipediaMain text (Fitzroy v Gwillim example)Quote, Main text (Fitzroy v Gwillim example)
A case may be reckoned bad law for some years but never actually overruled. Fitzroy v Gwillim and Corbett v Poelnitz are examples of such cases.
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