clean hands

The maxim, he who comes to equity must approach the court with clean hands. It is commonly understood to deprive a claimant or defendant of equitable relief where some dishonesty, misrepresentation, illegality or unfairness taints the otherwise lawful conduct of a party who seeks equitable relief from a court. Although clear and unqualified in its intention, the rule does not apply as broadly as the maxim suggests.

The clean hands

The maxim is not relevant “unless the depravity, the dirt in question on the hand, has an immediate and necessary relation to the equity sued for”: Moody v Cox (1917).

Accordingly, there nothing in principle preventing a fraudster obtaining equitable relief where approaches the court for relief where the fraud has been waived by the other party and no further facts renders the grant of the particular relief sought unjust.

Usage: The defendant alleged that the claimant did not approach the court with clean hands, and therefore had disentitled itself to the claim.

Related Words: court of equity; equitable jurisdiction; litigation.