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 | Autumn 2021 #184The deceased (E) died in March 2017 aged 84. The deceased’s last will was executed in July 2016 with the assistance of solicitors and after a capacity assessment was obtained from his GP. At the time of making his will, the deceased was suffering from moderately severe dementia and was grieving from the death of his eldest son (S) who had taken his own life in September 2015. The will changed the provisions of an earlier will in favour of the claimant (C), also a son of E, inter alia, leaving 58 acres of farmland to C.
The defendants were the sister, widow and eldest son ...
Mark Pawlowski and James Brown examine whether a proprietary estoppel claim can extend to property other than land Assuming that the doctrine of proprietary estoppel is of general application to property other than, strictly speaking, interests in land, there is no reason why a spouse or cohabitee should not be able to mount a successful …
Continue reading "Proprietary estoppel: Widening the net"
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Wills & Trusts Law Reports | Summer 2021 #183In 2011 the appellants sold a building to the respondents for use as a dwelling-house. In 2012, the respondents proposed that the appellants transfer the Green Land and Grey Land in return for the waiver of a debt. The respondents prepared the Green Land for use as a garden until relations broke down and the appellants sued for possession of the Green Land and the Grey Land. At first instance the judge found that the parties had made an oral agreement in 2012, and that although the provisions of s2 of the Law of Property (Miscellaneous Provisions) Act 1989 has not been ...
Andrew Vinson assesses how proprietary estoppel relates to oral contracts In all cases, the inquiry in relation to a potential proprietary estoppel is concerned with the overall result of the parties’ dealings. What is the position in which the parties would be if the court did not intervene? Proprietary estoppel is a fertile ground for …
Continue reading "Proprietary estoppel: Crossing the line"
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