Farming disputes: The three ‘P’s – partnerships, proprietorships and proprietary estoppel

Katie Alsop explores the latest developments in proprietary estoppel Despite the benefit which had been conferred upon them by virtue of the transfer of the farmhouse, that did not discharge the detriment associated with the promises and assurances made to Simon and Alison. The doctrine of proprietary estoppel is fast becoming known as the gift …
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Testamentary capacity: When capacity fluctuates

Joseph de Lacey and Rowan Cope update practitioners on the High Court’s current approach to interpreting testamentary capacity It is striking that what appeared to be settled conclusions by respected professionals made contemporaneously with the execution of the disputed will… could be partially displaced by a misunderstanding as to the scale of the difference between …
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Proprietary estoppel: Widening the net

Mark Pawlowski and James Brown examine whether a proprietary estoppel claim can extend to property other than land Assuming that the doctrine of proprietary estoppel is of general application to property other than, strictly speaking, interests in land, there is no reason why a spouse or cohabitee should not be able to mount a successful …
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Proprietary estoppel: Crossing the line

Andrew Vinson assesses how proprietary estoppel relates to oral contracts In all cases, the inquiry in relation to a potential proprietary estoppel is concerned with the overall result of the parties’ dealings. What is the position in which the parties would be if the court did not intervene? Proprietary estoppel is a fertile ground for …
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Informal agreements and estoppel: Formality no bar to estoppel

Mark Pawlowski examines a recent case on the inter-relationship between proprietary estoppel and statute On appeal, Snowden J, agreeing with the trial judge, concluded that s2(1) was aimed at problems in the formation of contracts for sale of land, whereas an estoppel remedied unconscionability in the assertion of strict legal rights The recent High Court …
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Proprietary estoppel: What is fair

Anna Sutcliffe highlights practical pointers for bringing a proprietary estoppel case and suitable remedies, with reference to Anaghara Alice’s expectation that she could live in the property for her lifetime was not only something which she could reasonably rely upon, but was close to a consensual bargain. The Chief’s representations were both meant by him …
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