Mark Pawlowski takes a critical look at the first in time rule as a means of resolving the problem of competing estoppel equities Where all are equally innocent, priority, as we have seen, is determined by the order at which the equities arose in time. But the position is different where the equities are not …
Continue reading "Competing equities: A thorny issue"
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Mark Pawlowski considers whether bad behaviour on the part of an estoppel claimant will deny or modify equitable relief Unconscionability is an overarching element operating in proprietary estoppel claims. Although a proprietary estoppel claim will fail unless the claimant is able to establish the three essential elements of assurance, reliance and detriment, it is evident …
Continue reading "Estoppel claims: Unconscionable behaviour"
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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...
