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 […]

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 […]

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’ […]

What’s yours is mine (in variable proportions)

Clarke v Meadus [2010] EWHC 3117 (Ch) Normally Dave would be covering this kind of case, knowing more about equity and trust right now than I probably ever will. But Dave is off being very clever to a tight deadline for other people, so I get to indulge my hobbyist’s interest at your expense. The […]

Intention, intention, intention

Wright v Wright [2010] EWHC 1808 (Ch) is a near perfect example of a fundamental principle of property law, which we tutors seek to ingrain into our students (mostly, it must be said, with limited success, having looked at hundreds of exam scripts), that intention is what determines the type of interest created or transferred […]

Less than ambulatory intentions

Kernott v Jones [2010] EWCA Civ 578 This was the Court of Appeal hearing, on a second appeal, of a case on equitable interests in a property. We reported the first appeal to the High Court and were uneasy about the outcome of that appeal, which seemed to turn more on an idea of fairness […]

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 […]

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 […]

Constructive trust and misrepresentation

Qayyum v Hameed & Anor [2009] EWCA Civ 352 is a case with a complicated background – it originated in the collapse of BCCI, for heaven’s sake – but thankfully, the issues in this appeal were relatively straightforward, if novel. In 1991 Mr & Mrs Qayyum jointly purchased a house. In July 1991, Mr Q […]

The good nephew

A rather odd case dealing with competing charges on a right to buy property turned up at the High Court. Brighton & Hove City Council v Audus [2009] EWHC 340 (Ch) was an attempt by Brighton to challenge the validity of a second charge on the property held by the titleholder’s nephew, Mr Audus. Brighton […]