Date of this Version

1-1-1995

Document Type

Journal Article

Publication Details

Davies, D. (1995). Tainted evidence of a trust: Nelson v Nelson. High court review, 1, 6 pp.

Abstract

Extract:

The plea of unjust enrichment appeared for the first time in the case only at the stage of the application for leave to appeal. This is a matter for regret, for the High Court may refuse to hear arguments relating to it. Yet an unjust enrichment argument is involved. In pleading terms, Mrs Nelson adduced evidence to show that she was intended to enjoy the whole beneficial interest in the Bent Street property. A declaration to that effect would normally have followed. But Elizabeth denied her mother's right to that declaration on the ground that her evidence was tainted with illegality. I think it was so tainted; but Mrs Nelson might have responded by alleging unjust enrichment in Elizabeth if the latter's illegality argument were to prevail. Issue is joined on matters that are relevant, and noble detachment from them is not a merit.

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