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Satisfying the equity
This page contains details of two cases that are concerned with how to "satisfy the equity"; Jennings v Rice (2003);Yeoman's Row Management Ltd v Cobbe; and Powell v Benney.
Jennings v Rice
Jennings v Rice
[2002] EWCA 159
C worked for many years for an elderly lady for nothing on a promise that "he would be alright" and "this will all be yours one day". On the full facts the judge found that there was an estoppel and awarded him £200,000 based on the cost of care. He refused to award the full value of the house and furniture (£435,000) because he thought that would be excessive. C appealed.
In dismissing the appeal the CA discussed the principles to be applied when deciding how to satisfy the equity. In particular, the principle of proportionality applies. The end result must be a just one having regard to the assumption made by the party asserting the estoppel and the detriment which he has experience."The essence of the doctrine of proprietary estoppel is to do what is necessary to avoid an unconscionable result, and a disproportionate remedy cannot be the right way of going about that". (Robert Walker L, para 56)
Yeoman's Row Management Ltd v Cobbe
Yeomans Row Management Ltd v ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW
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