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16 October 2008
Issue: 7341 / Categories: Features , Property
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A recipe for confusion?

Greville Healey and Philip Sissons consider the future for proprietary estoppel in commercial cases

The higher courts have had to grapple with the boundaries of the doctrines of proprietary estoppel and constructive trusts on a number of occasions in recent years. In particular, there have been important cases on the role these principles play in the case of joint ownership of property, generally in a family context, for example the recent House of Lords' decision in Stack v Dowden [2007] 2 AC 432, [2007] 2 All ER 929. The flexible potential of both proprietary estoppel and constructive trusts to provide a route to redress in cases of informal or otherwise inchoate agreements is well known. However, the possibility of establishing such a claim in the commercial context must now be considered in the light of the principles set out in the important decision of Yeoman's Row Management Ltd v Cobbe [2008] UKHL 55.

The facts of that case were as follows:
      ●     The respondent, Mr Cobbe, entered into an agreement with the appellant company with

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MOVERS & SHAKERS

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

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A time-restricted bank tax, a ‘roadmap to fiscal devolution’, extension to parental leave, entrepreneur’s relief and a giveaway on energy bills for households are the headlines in Chancellor of the Exchequer John Healey’s 2026 Autumn Budget
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The Law Society has emphasised that responsibility remains human, in a practice note on artificial intelligence (AI)
Respect orders, which enable police, councils, housing associations, transport networks and other authorities to take enforcement action against anti-social behaviour, have come into force across England and Wales
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
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