Proprietary estoppel remedies: Expectation and acceleration

Natasha Dzameh examines the lessons from the Supreme Court’s judgment in Guest, which looked at the pivotal question of remedies The court cannot give a claimant more than the promised expectation whether by way of the amount or accelerated receipt. Where acceleration occurs, a discount must be built in to reflect the early receipt. The …
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Trusts: The Court of Appeal reviews the elements required to establish knowing receipt, including unconscionability

Sukhninder Panesar examines a case that explores liability for knowing receipt and the need for a continuing proprietary interest The claimant must show that they have a continuing proprietary interest in property which is in the hands of the alleged knowing recipient. Where such a finding is not made, the requisite unconscionability does not exist, …
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Estoppel claims: Unconscionable behaviour

Mark Pawlowski considers whether bad behaviour on the part of an estoppel claimant will deny or modify equitable relief Unconscionability is an overarching element operating in proprietary estoppel claims. Although a proprietary estoppel claim will fail unless the claimant is able to establish the three essential elements of assurance, reliance and detriment, it is evident …
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