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The doctrine of clogs on the equity of redemption: the unruly dog unleashed
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In Shukla v St James Bank and Trust Co Ltd [2026] EWHC 851 the equitable doctrine of clogs against the equity of redemption resulted in a complete rewriting of a bargain struck between sophisticated commercial parties. The case illustrates: (i) the difficulties in applying the doctrine to modern financing arrangements; and (ii) why sustained criticism of the doctrine is well-founded.
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