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Several weeks ago, the Court of Appeal requested additional submissions on the issue of the application of the "clean hands doctrine" to the claim by Shields Harney that they are entitled to a big fee on the basis of the equitable principle of quantum meruit.
Simply put, equity was devised to provide relief in cases where the old common law was unfair.
However, there are rules of equity that apply when one is asking the court for an equitable remedy such as entitlement under the principle of quantum meruit and one of those rules is then he who comes to equity must come with clean hands, hence the phrase, the "clean hands doctrine". Simply put, this means that the court must not grant an equitable remedy where the conduct of the party seeking the remedy has been cruel, harsh, unjust, unfair, fraudulent, dishonest or otherwise characterized by moral turpitude.
So, the Court of Appeal requested additional submissions from Mr. English on whether or not the clean hands doctrine would disentitle Mr. Harney and the law firm of Shields Harney to any fee whatsoever.
Mr. English submitted his submissions on February 18, 2016 and Mr. Harney is required to file his reply submission by March 3, 2016.
The decisions of the Court of Appeal is expected a few months after that.
The Editors hope to be able to post the submissions of Jack English and Gregg Harney in the coming weeks.