In Fiona Trust & Holding Corporation & ors v Privalov & ors [2008] EWHC 1748 (Comm), the claimants applied for summary judgment on part of the defendants' defence. The defendants had sought to rely on the equitable maxim of "clean hands" in defence of claims against them for certain equitable relief. In particular, they claimed that the claimants were precluded from obtaining equitable relief as they had failed to make full disclosure on an earlier without notice application and they had commissioned investigations which used illegal methods.

The court said that the maxim only applied where the misconduct was "inherently directed to the relief sought". In this case, there was an insufficiently close connection between the misconduct and the equitable remedy sought. The court granted the claimants' application and struck out part of the defendants' defence.