14 The Rule in Cherry V Boultbee

14.01 The notion which underlies the equitable principle (commonly called the rule) in Cherry v Boultbee1 is that: ‘where a person entitled to participate in a fund is also bound to make a contribution in aid of that fund, he cannot be allowed so to participate unless and until he has fulfilled his duty to contribute.’2 It is an illustration of a more fundamental principle of equity, that he who seeks equity must do equity.3 Many of the cases concerned with Cherry v Boultbee have involved a debtor of a deceased person who is entitled to a pecuniary legacy under...