Guest v Guest

Subject Matter

ESTOPPEL — Conduct, by — Proprietary estoppel

[2019] EWHC 869 (Ch), Ch D

ESTOPPEL — Conduct by — Proprietary estoppel — Claimant living and working on defendants’ farm for over 30 years — Claimant seeking declaration of beneficial interest in farm on basis of detrimental reliance on defendants’ assurances he would inherit — Judge allowing claim and awarding lump sum representing percentage of market value of farm and farming business — Whether judge applying correct test to consideration of remedy — Whether judge required to consider extent of equity arising — Whether remedy to be determined by reference to objectively assessed intention of person making assurance

[2020] EWCA Civ 387; [2020] 1 WLR 3480; [2021] 1 All ER 503; [2020] WLR (D) 170, CA

ESTOPPEL — Conduct by — Proprietary estoppel — Claimant living and working on defendants’ farm for very low wages for 30 years — Claimant seeking declaration of beneficial interest in farm on basis of detrimental reliance on defendants’ promises he would inherit — Judge finding proprietary estoppel established — Proper approach to remedy to be awarded — 2016090749Whether binary choice between enforcing promise and compensating for detriment

[2022] UKSC 27; [2024] AC 833; [2022] 3 WLR 911; [2023] 1 All ER 695; [2023] 1 FLR 590, SC(E)

ESTOPPEL — Conduct by — Proprietary estoppel — Claimant living and working on parents’ farm for very low wages for 30 years — Claimant seeking declaration of beneficial interest in farm on basis of detrimental reliance on parents’ promises he would inherit — Judge finding proprietary estoppel established — Proper approach to remedy — Whether binary choice between enforcing promise and compensating for detriment

[2022] UKSC 27; [2024] AC 833; [2022] 3 WLR 911; [2023] 1 All ER 695; [2023] 1 FLR 590, SC(E)

Appellate History

Commentary

3PB Barristers
Guest and another v Guest [2022] UKSC 27 – “Proprietary Estoppel: Expectation vs Reality” Case comment

UK Supreme Court Blog
Case Comment: Guest v Guest [2022] UKSC 27 Case comment

Trusts & Trustees
Clear as mud: Proprietary Estoppel after Guest v Guest Case comment