header-logo header-logo

28 May 2021 / Caroline Shea KC , Thomas Rothwell
Issue: 7934 / Categories: Features , Property
printer mail-detail

Proprietary estoppel: Howe v Gossop

49952
Caroline Shea QC & Thomas Rothwell examine the history & relationship between proprietary estoppel & a section 2 defence
  • Howe v Gossop: useful insight on the circumstances in which s 2 of the Law of Property (Miscellaneous Provisions) Act 1989 will (or will not) amount to a defence to a proprietary estoppel.

Ever since the important decision of the House of Lords in Cobbe v Yeoman’s Row Management Ltd [2008] UKHL 55, [2008] 4 All ER 713, there has been considerable debate about the interrelationship between s 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (s 2) and the doctrine of proprietary estoppel. The former provision declares any contract for the sale or disposition of an interest in land which is not in signed writing to be void. A party seeking to establish an estoppel, however, will often seek to rely on unwritten promises or agreements as the central basis of his cause of action. The recent decision of Mr Justice Snowden in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll