Proprietary Estoppel
This section deals with two very important cases on proprietary estoppel - in particular the HL decision in Yeomans Row v Cobbe - which re-establish…
Co-ownership and Estoppel
Also in Co-ownership and Estoppel
Free Acceptance – Still a Basis for Unjust Enrichment?
Article contributed by Alexander Burrell, Tanfield Chambers Case name, reference and Bailii link: Mate v Mate & Ors [2023] EWHC 238 (Ch) Mate v Mate &…
Quistclose trust
Property given for a specific purpose Purpose fails Huseyin Ali v Dinc [2020] EWHC 3055 (Ch) Summary The court held that the arrangement between…
Orders for sale
Topics covered on this page are: The court's powers when ordering a sale to give one of the beneficiaries an opportunity to purchase. The position on…
Laches and estoppel
Patel v Shah [2005] EWCA Civ 157 Facts A joint venture to purchase properties went wrong when the market fell in the 1990s. The joint venture gave…
Satisfying the equity
Basic principle Jennings v Rice [2002] EWCA 159 Facts C worked for many years for an elderly lady for nothing on a promise that "he would be alright"…
Equitable accounting
Introduction "Equitable accounting" is the phrase that has been commonly used to determine whether or not there should be some re-adjustment of sums…
Proprietary estoppel
This section deals with two very important cases on proprietary estoppel - in particular the HL decision in Yeomans Row v Cobbe - which re-establish…
Legal and beneficial ownership
This page deals with three issues: Application of the Jones v Kernott test. Application of the principles in Stack v Dowden to investment property…
Pallant v Morgan
"Pallant v Morgan" constructive trust Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd [2005] EWCA Civ 1355. In dismissing an appeal on the facts…
Partnership
Co-ownership Relationship with partnership law. Bathurst v Scarborow [2004] EWCA Civ 411 The general rule is that property bought with partnership…
English