Intention and resulting trusts

Chaudhary v Chaudhary (not on bailii yet but on lawtel) is something of a puzzle, which hopefully will be solved when we see the full transcript (hint, hint). It may be important, but it’s a little early to say.  The one thing about it that isn’t a puzzle is that it is yet another case […]

Express/Constructive trusts: Oh dearie me!

Maybe I’ve been doing this job too long but there are some things which just seem so obvious to me.  I know that the common intention constructive trust is really interesting – empirically as well as in law – but you can’t just jump straight in.  Pankhania v Chandegra [2012] EWCA Civ 1438 is, I’m […]

Estoppel and unconscionability

In Joyce v Epsom & Ewell BC [2012] EWCA Civ 1398, the Court of Appeal were faced with a not dissimilar case to the classic Crabb v Arun DC [1976] 1 Ch 179, at least in so far as it was a claim to an easement against a local authority by way of proprietary estoppel. […]

Equity Release Schemes: the CA view

Cook v The Mortgage Business PLC et al [2012] EWCA Civ 17 [note for law students: this is a really important case on land registration in which the principles in Abbey National BS v Cann are considered and applied.  Please note that we do not write essays for you or respond to queries which assist […]

Estoppel and s.2 – will we find out?

In the Summer Dave and David Smith posted about the case of Kinnear v Whittaker in the High Court. Bean J allowed an appeal against the summary disposal of a possession claim where the defendant had raised proprietary estoppel as a defence. This interesting and important question about the interaction between estoppel and s.2 of […]

Land Registration and its circumvention

Chaudhary v Yavuz [2011] EWCA Civ 1314 It is a basic principle of land registration, reinforced by the Land Registration Act 2002, that the holder of an adverse interest to a title should protect that interest by entering a notice on the register (unless they are unable to do so, for example because their interest […]

Jones v Kernott: Ending the big debate?

One of the things I really don’t like about academics is the way they sit in their offices with their heads so full of doctrinal legal theory that they forget (if they ever knew) about the ways real people lead their lives.  What got me through land law as a student was Gray and Symes’ […]

Jones v Kernott: The Headline

I’ve got parental duty so can’t do a full note on Jones v Kernott [2011] UKSC 53 now.  The headlines, though, are: (a) Ms Jones won the appeal so that her 90% share in the disputed property was re-instated; (b) the UKSC agree on the outcome but there is disagreement on the principles (esp Lord […]