swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Estoppel - From: 1993 To: 1993
This page lists 5 cases, and was prepared on 27 May 2018.
Skipton Building Society v Clayton (1993) 66 P & CR 223
1993
CA
Slade LJ
Landlord and Tenant, Estoppel
The wife claimed that the husband had forged the mortgage document. The Society said that she had allowed them to believe that she had consented to the charge. Slade LJ set out the principle: "in a case where A, the holder of the legal estate in land, has executed a mortgage of the land in favour of B, and C, who claims an interest in the land, has so conducted himself as to give B reasonable grounds for believing that C is consenting to the creation by A of a charge over the land in favour of B which will have priority to C's interest, then C will be estopped from asserting that his interest has priority to B's charge."
Law of Property Act 1925 149(6)
1 Citers
Baker v Baker and Another; CA 23-Feb-1993 - Gazette, 07 April 1993; Independent, 06 April 1993; Times, 23 February 1993
Talbot v Berkshire County Council; CA 23-Mar-1993 - Times, 23 March 1993; [1994] QB 290
Take Harvest Ltd v Liu and Another Ind Summary, 12 April 1993; Gazette, 21 April 1993; [1993] AC 552
12 Apr 1993
PC
Landlord and Tenant, Commonwealth, Estoppel
An oral agreement to surrender a lease of less than three years might not defeat a rent arrears claim under an estoppel.
1 Citers
Wayling v Jones Gazette, 02 August 1993; [1993] 69 P&CR 170
2 Aug 1993
CA
Estoppel
The plaintiff and defendant were in a homosexual reationship. The plaintiff worked for the defendant for nominal expenses against his repeated promise to leave the business to him in his will. A will was made to that effect, but the defendant sold the business. The claimant sought damages. Held: There had been express representations, characterised as promises, made, on at least one occasion, in circumstances in which it was intended to meet a complaint by the plaintiff as to how he was being treated at the time, and therefore intended to be relied on, in the sense of being taken as a sufficient response to the complaint.
Once promises, and reliance upon them, are established, the burden to negative an estoppel falls to the defendant. "(1) There must be a sufficient link between the promises relied upon and the conduct which constitutes the detriment (Grant v Edwards) in particular the passage where he equates the principles applicable in cases of constructive trust to those of proprietary estoppel. (2) The promises relied upon do not have to be the sole inducement for the conduct: it is sufficient if they are an inducement. (3) Once it has been established that promises were made, and that there has been conduct by the plaintiff of such a nature that inducement may be inferred then the burden of proof shifts to the defendants to establish that he did not rely on the promises."
1 Cites
1 Citers
