Continue reading "Competing equities: A thorny issue"
Competing equities: A thorny issue
Mark Pawlowski takes a critical look at the first in time rule as a means of resolving the problem of competing estoppel equities Where all are equally innocent, priority, as we have seen, is determined by the order at which the equities arose in time. But the position is different where the equities are not …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Abigail v Lapin [1934] AC 491
- Barclays Bank Ltd v Bird [1954] Ch 274
- Gillet v Holt [2000] EWCA Civ 66
- Idebrando de Franco v Stengold Ltd, May 14 1985, Court of Appeal (unreported)
- J Willis & Son v Willis [1986] 1 EGLR 62
- Macmillan Inc v Bishopsgate Investment Trust (No 3) [1995] 1 WLR 978
- Sledmore v Dalby [1996] 72 P & CR 196
- Williams v Staite [1979] Ch 291