ABSTRACT
The decision in Khan v Mahmood is a further example in recent years of the High Court grappling with the issue of when a gift, imperfect at law, might yet be complete in equity. The case is notable for how it treated (or omitted to treat) key authorities on imperfect gifts; its approach to, and analysis of the Pennington v Waine ‘unconscionability’ test; and the broader implications of the direction of travel established by Pennington for equity’s conventional stance that it ‘will not assist a volunteer’.
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Matthew Freeman and Zachariah Pullar, Equity: now assisting volunteers? A case comment on Khan v Mahmood [2021] EWHC 597 (Ch), Trusts and Trustees, https://doi.org/10.1093/tandt/ttab108. Published: 18 December 2021.
First posted 2021-12-22 13:00:09
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