Davies & anr v Davies [2016] EWCA Civ 463 – Page 3

Donationes Mortis Causa: Where there’s no will, there’s a way

Edward Cumming and Timothy Sherwin bring the doctrine of deathbed gifts up to date ‘It is in the very nature of a donatio mortis causa (DMC) that it is conditional on the donor’s eventual death, and that it is the donor’s death which perfects the gift.’ In this article, we consider donationes mortis causa (DMCs), …

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Proprietary Estoppel: Down on the farm

Rebecca Cattermole highlights the current position on the doctrine of estoppel in the context of recent case law ‘It was a useful working hypothesis to take a sliding scale by which the clearer the expectation, the greater the detriment.’ The case of Moore v Moore [2016] is the most recent illustration of the treatment of …

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Proprietary Estoppel: Considering detriment

William Batstone examines the Court of Appeal decision in Davies v Davies [2016] ‘Detriment need not be quantifiable financial detriment, but it must be substantial and it must be weighed against any countervailing benefits.’ Tegwyn and Mary Davies have farmed in West Carmarthenshire since 1961 and they continue to do so now in their mid-seventies. …

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