Shirt v Shirt [2012] EWCA Civ 1029; [2013] WTLR 317

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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Appeals: Limited options

Katie Lowe looks at the revised procedure for appeals and practice points for practitioners ‘The court is bound by the interpretation given to the phrase “real prospect of success”, namely that a party must show a realistic, rather than fanciful, prospect of success.’ Cases that involve advising on appeal are generally few and far between. …

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Wills: Familiar farming saga

Fox v Jewell gives an indication of the appropriate procedure practitioners should follow when dealing with a multi-stranded claim. Malcolm Warner reports ‘In cases where there are proprietary estoppel claims mixed in with testamentary capacity and some long running history, then the overall context may inform the court’s view on any particular way the claim …

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