Articles tagged Trusts and estoppel
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 [...]
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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 [...]
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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 [...]
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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 [...]
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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 Mr [...]
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Redolent of Improbability
I don’t think there is any significant point of law or practice in Lemas and Sealy v Williams [2009] EWCA Civ 360, but it is a strange case (although one suspects many readers will have been involved in similarly chaotic cases at one stage or another) and worthy of a short note.
Mr & Mrs Lemas [...]
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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 declared [...]
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A dutiful cousin
The House of Lords have again considered the nature and extent of proprietary estoppel in Thorner v Majors [2009] UKHL 18. Regular readers will recall we discussed their decision in Yeoman’s Row Management Limited (Appellants) and another v Cobbe (Respondent) [2008] UKHL 55 in August last year.
Picture this: a large farm in Somerset owned by [...]
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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 [...]
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No no she’s not dead, she’s, she’s restin’!
Newport City Council v Charles [2008] EWCA Civ 1541, The Times, 11 Aug 2008
The transcript for this (factually remarkable but legally straightforward) case has only just been produced, hence the delay in covering it.
The appellant, Mr Charles, lived at 1B Marlborough Rd, Newport. That property had been granted to his mother on a secure tenancy [...]
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