Argyll v Argyll

Facts

After their divorce, the Duke of Argyll planned to publish secrets the Duchess had told him during the marriage. He said her adultery, the ground of the divorce, meant she lacked clean hands.

Issue

Did her conduct bar an injunction to protect marital confidences?

Held

No. Ungoed-Thomas J held that her adultery was not connected closely enough with the relief she sought. The injunction was granted.

Principle

The clean hands maxim applies only to misconduct directly connected with the relief claimed.

Why it matters

It marks the limits of the clean hands maxim, and is also a leading case on breach of confidence.

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