DS v SS [2006] EWHC 2892 (Fam)

Informal agreements and estoppel: Formality no bar to estoppel

Mark Pawlowski examines a recent case on the inter-relationship between proprietary estoppel and statute On appeal, Snowden J, agreeing with the trial judge, concluded that s2(1) was aimed at problems in the formation of contracts for sale of land, whereas an estoppel remedied unconscionability in the assertion of strict legal rights The recent High Court …

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Proprietary Estoppel: A separate cause of action?

Mark Pawlowski asks whether there is scope for giving effect to informal land agreements by applying the doctrine of proprietary estoppel ‘The question remains as to whether an estoppel on its own (independently of any finding of a constructive trust) can operate so as to enforce an agreement for sale notwithstanding non-compliance with s2(1), Law …

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