Promises, promises: Estoppel in the West Country

As we University academics are currently on strike (pension cuts – see today’s report and this Guardian article), I can catch up on a little blogging as a form of “teaching out”.  While Bristol Combined Court was flooded, HHJ Matthews, an academic judge, heard and gave judgment (at the Rolls Building) in two proprietary estoppel […]

Beach huts: chattels, leases, estoppel

Gilpin and ors v Legg [2017] EWHC 3220 (Ch) is a gift (at least to land law examiners) that is going to keep on giving.  This is not just because of the claims discussed – whether beach huts were fixtures or chattels, whether a lease had been granted to the owners of the huts, whether […]

The mechanics of proprietary estoppel

What is the difference between, on the one hand, Yeoman’s Row Management Ltd v Cobbe [2008] UKHL 55 and, on the other hand, Thorner v Majors [2009] UKHL 18?  The standard answer is that Cobbe involved commercial parties who, well, ought to have known better than to rely on an incomplete agreement (no unconscionability), whereas, in Thorner, we were […]

TLATA: The Court’s discretion

In Bagum v Hafiz and Hai [2015] EWCA Civ 801, the Court of Appeal considered, apparently for the first time, the extent of its discretion under section 14, Trusts of Land and Appointment of Trustees Act 1996 (“TLATA”).  The case is a sad and apparently bitter family breakdown case, where the central parties each had a […]

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 […]