Category Archives: Proprietary estoppel

  A version of this article, written for a lay audience, first appeared on the Transparency Project blog. The Transparency Project is a registered charity which aims to explain and discuss family law and family courts in England & Wales, and signpost to useful resources to help people understand the system and the law better. You can read more articles […]

It’s been a bumper year for proprietary estoppel cases. Here is a round up of some of decisions that caught my attention. James v James [2018] EWHC 43 (Ch) The claimant, Sam, in James v James was the son of the deceased, Charles James. The subject matter of the proprietary estoppel claim was the deceased’s farm in Dorset. […]

We have another notable proprietary estoppel case, concerning the ubiquitous farm, but in this instance featuring an actual fight in the milking parlour: the bucolically named Habberfield v Habberfield [2018] EWHC 317 (Ch).The decision of Birss J is of particular interest for his approach to the issue of the relief to be granted in satisfying the equity […]

HHJ Paul Matthews, sitting as a High Court Judge, has recently revisited the ingredients of proprietary estoppel and the requirements for establishing testamentary capacity in James v James [2018] EWHC 43 (Ch). The case has been widely reported in the press, including the Daily Mail, whose take on the case was put as follows: “Farmer’s son who […]