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Categories:
Commercial Property
Residential Property
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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to summarise the current position with regard to proprietary estoppel, in both the domestic and commercial contexts. It will examine the factors that are likely to influence a court and the relationship between the doctrine of proprietary estoppel and the similar but conceptually distinct principles underpinning the constructive trust.

Outcomes:
After completing the course you will:
  • Know the facts of both Cobbe v Yeoman's Row and Thorner v Majors;
  • Be aware of the statutory restrictions on the creation and transfer of interests in land;
  • Understand the reasons behind the House of Lords' decisions in both of the above cases;
  • Be aware of the conceptual fault lines that still divide legal opinion in this area of law.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Law of Property Act 1925 s.53(1)a;
  • Law of Property (Miscellaneous Provisions) Act 1989 s.2(1), 2(5);
  • Yeoman's Row Management Ltd & Anor v Cobbe [2008] UKHL 55;
  • Thorner v. Major & Ors [2009] UKHL 18;
  • Ramsden v Dyson (1866) LR 1 HL 129;
  • Lissimore v Downing [2003] 2 FLR 308;
  • Walford v Miles [1992] 2 AC 128;
  • A-G for Hong-Kong v Humphrey’s Estate [1987] AC 114;
  • Gillet v Holt [2001] Ch 210;
  • Yaxley v Gotts [2000] Ch. 174;
  • Kinane v Mackie-Conteh [2005] EWCA Civ 45;
  • Lloyds Bank Plc v Rosset [1990] UKHL 14;
  • Pallant v Morgan [1953] Ch 43;
  • Banner Homes Group Plc v Luff Developments Ltd & Anor [2000] EWCA Civ 18.
Tags:

This podcast summarises, compares and contrasts the two recent highest authorities on the subject of proprietary estoppel, Yeoman's Row Management Limited v Cobbe and Thorner v Majors. It examines the major themes between the cases, what factors influenced their outcome and the relationship between proprietary estoppel and the related concept of constructive trust.

Podcast added: 25/11/09

Podcast last reviewed: 2011-08-30

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