David Wilkinson considers the implications of the Supreme Court decision in Guest The court’s task is to do justice ‘in the round’, including to any third parties, and with reference to whether the proposed remedy (if conferred by the promisee) would be unconscionable or not. More than ten months in the making and running to …
Continue reading "Proprietary estoppel: What to expect"
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Natasha Dzameh examines the lessons from the Supreme Court’s judgment in Guest, which looked at the pivotal question of remedies The court cannot give a claimant more than the promised expectation whether by way of the amount or accelerated receipt. Where acceleration occurs, a discount must be built in to reflect the early receipt. The …
Continue reading "Proprietary estoppel remedies: Expectation and acceleration"
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Mark Pawlowski looks at the proper approach to granting relief under the doctrine of proprietary estoppel Proportionality lies at the heart of the doctrine of proprietary estoppel and permeates its every application. In particular, there must be a proportionality between the remedy and the detriment which is its purpose to avoid. The Supreme Court in …
Continue reading "Proprietary estoppel: Satisfying the equity"
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Wills & Trusts Law Reports | Summer 2020 #179The claimant and her husband owned and farmed College Farm in Cambridgeshire. They had three children – two daughters and one son. The defendant, who was their son, owned and farmed the adjoining Whitleather Lodge Farm and had joined his parents’ farming partnership on an equal basis.
After separating from her husband in 2011, the claimant moved into a property which had previously produced a rental income and she was concerned to secure her financial independence. This led to the claimant, her ex-husband and the defendant setting in motion the steps required for a partnership agr...
Amy Harris summarises the key elements of a claim for proprietary estoppel and highlights the significance of the evidence available to the court in such cases ‘The three main elements of a proprietary estoppel claim do not sit in “watertight compartments”, and judicial discretion is key.’ In Guest v Guest [2019], the court was concerned …
Continue reading "Proprietary estoppel: Broken promises"
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