Skip to main content

Speech by Sir Terence Etherton MR: Equity and Conscience – Eldon Professor’s Lecture

|Speeches|Sir Terence Etherton
  1. I would like to talk today about equity and conscience.
  2. There are important areas of current equity jurisprudence where a specific ingredient of unconscionability (or unconscionableness, as Lord Walker has called it) is required. To name but some: receipt of trust property with knowledge it was transferred in breach of trust; receipt of a mistaken payment with knowledge of the mistake; rescission in equity of a unilateral transaction; and proprietary estoppel.  I will elaborate in due course on these, and examine the continuing appropriateness in modern law of the unconscionability ingredient, but for the moment I would like to look more generally at the relationship between equity and conscience.

Related links

Sign up for alerts


All speeches and media releases prior to 2012 are available in The National Archives

Speeches archive

Media releases archive


Speeches published on this website are personal views and do not necessarily reflect those of the judiciary as a whole.