Family Feuds and Estoppel

Cook v Thomas & Thomas [2010] EWCA Civ 227 This case was well describd by the Court of Appeal as “a most unfortunate and regrettable dispute”. The facts were as follows. C is the sole legal owner of a small ara of farmland with farmhouse in Wales by survivorship from her husband. It is currently […]

Estoppel and Laches in Looe

Lester v Woodgate [2010] EWCA Civ 199 is a wonderful example of a neighbour dispute getting out of hand (so out of hand, in fact, that indemnity costs were awarded against the Claimant, in the Truro County Court,  in “an exemplary use of the power to mark the court’s disapproval of the use of litigation […]

Proprietary Estoppel: Detriment and Remedy in the Privy Council

In Henry and Mitchell v Henry [2010] UKPC 3, the Privy Council have given further consideration to the doctrine of proprietary estoppel.  The judgment of the PC was delivered by Sir Jonathan Parker and it will be of particular interest as it demonstrates the continuing importance of the Court of Appeal’s excellent judgment in Gillett […]

Credit where it's due?

Walsh v Singh [2009] EWHC 32 is a fascinating case about constructive trust (CT) and proprietary estoppel (PE), or at least it could have been. First credit goes to HHJ Purle QC, sitting as a judge of the High Court, who has managed the seemingly impossible task of giving judgment in such a case without […]

It's a confused world out there…

And for the new year, it seems an opportune moment to delve into the Nearly Legal search logs in a vaguely quixotic attempt to provide answers to some of the questions that brought people here. Alternatively, where this is not possible, we can stare in mute bewilderment at what was behind the question… It is […]

A strange new beast in the forest

The case of Clarence House v National Westminster Bank [2009] EWCA Civ 1311 deals with a relatively new form of transaction that seems, at present, to be confined to City property transactions. I report it here because it may become more widespread. This new beast is the virtual assignment. The idea is a simple one: […]

Chancery or Family? – the former matrimonial home

In Smith v Smith the Court of Appeal considered the conflict between TOLATA and its family law jurisdiction. The background is a sad one. The Smiths married in 2004. They bought what I assume to be a lovely house of 3,800 square feet in 5 floors and with substantial gardens both front and back for […]

Mortgage possession defeated by constructive trust

An opportunity to indulge in schadenfreude at the expense of a mortgage lender is offered by HSBC v Dyche [2009] EWHC 2954 (Ch) where a claim for possession by a mortgagee was dismissed because the actual occupant of the property was beneficiary under a constructive trust. The decision gives an example of the doctrine of […]

Section 2, LP(MP)A and proprietary estoppel: Where are we now?

The Issue One of the slight frustrations of being an aspiring academic is that you tend to think in bite-size terms as and when the tutorial cycle demands.  We’ve just “done” the now familiar peaks and troughs of the “new model” constructive trust and proprietary estoppel.  When re-reading Thorner v Major (links to our post) […]

Imputed fairness?

Jones v Kernott [2009] EWHC 1713 (Ch) [not on Bailii yet] was an appeal from the County Court on a Trust of Land and Appointment of Trustees Act 1996 case. At issue is the question of fairness and whether and how far a change in common intention can be inferred or imputed. Ms Jones and […]