Podcast Location:
Download it here [file size: 25.7 MB]
Categories:
Family Law
Property Litigation
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by the Bar Standards Board:
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at practitioners with an interest in cohabitation law, whether from a familial or property law perspective. The podcast will review some of the recent high profile case law on proprietary estoppel and the components practitioners should ‘check off’ in order to make out a successful claim.

The podcast will also address the use of proprietary estoppel when making provision of children under Schedule 1 Children Act 1989 and under the Inheritance Act 1975.

Outcomes:
After completing the course you will:
  • Understand the importance of recent cases like Cobbe v Yeoman’s Row and Thorner v Majors;
  • Understand the component parts of pleading a proprietary estoppel claim;
  • Be aware of the approaches used when pleading a claim;
  • Understand the importance of detriment and its relationship to the concept of unconscionability;
  • Be aware of the importance of whether the case is in a domestic or commercial context;
  • Be aware of the possible means by which a court may satisfy any equity that arises;
  • Be aware of the role proprietary estoppel can have in children’s cases and under the Inheritance Act 1975.
Level:
Complex Difficulty: 4 of 5
Classification:
Legal Principles
Sources and References:
  • Yeoman's Row Management Ltd & Anor v Cobbe [2008] UKHL 55;
  • Thorner v Major & Ors [2009] UKHL 18;
  • Crabb v Arun DC [1976] Ch 179;
  • Stack v Dowden [2007] HL UKHL 17;
  • Van Laetham v Brooker & Caradoc Estates [2006] 2 FLR 495;
  • Gillett v Holt [2000] 2 FLR 266;
  • Law of Property (Miscellaneous Provisions) Act 1989 s 2(1);
  • Jennings v Rice [2002] EWCA Civ 159;
  • The Remedial Discretion in Proprietary Estoppel – Again (2006) 122 LQR;
  • Sledmore v Dalby (1996) 72 P & CR 196.
Tags:

This podcast examines the current state of the law concerning the equitable doctrine of proprietary estoppel. It examines the major themes emerging from the case law, the components necessary to ground an estoppel, the practical issues that should be considered when starting a claim and the confusing relationship between proprietary estoppel and the similar rules concerning of constructive trusts.

Podcast added: 27/5/11

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