Ely v Robson [2016] EWCA Civ 774; [2016] WTLR 1383 CA

Constructive trusts and estoppel: Is my word my bond?

When can informal agreements give rise to a constructive trust or estoppel? Sarah Bolt looks back at the decision in Culliford It does appear that the courts are taking a more liberal approach to the cases that come before them, particularly within modern cases where there are more and more people cohabiting and making informal …

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Scotland: Tips and traps

In the conclusion to a two-part analysis, Fiona Turner and Noel Ferry analyse key differences as to financial provision in Scotland when compared with England and Wales In Scotland, if the value of an asset has crashed post-separation, this is irrelevant when establishing the extent of matrimonial property which should be shared, as will be …

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CICTs And Section 2: Some thoughts from the Bar

Amanda Tipples QC examines the interaction of common intention constructive trusts and proprietary estoppel in light of the decision in Matchmove v Dowding ‘For a party to succeed on a claim to enforce an oral bargain in respect of land, coupled with reliance and detriment, it needs to base its case on a common intention …

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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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