Greasley v Cooke [1980] 1 WLR 1306

Written By Nicolas Heyes

Court: Court of Appeal

Basic Facts:

  • Parties: H (Homeowner), D (Occupant).

  • Context: D, a long-serving maid, was allowed to live in a house with representations of permanent residence. After H’s death, D was threatened with eviction.

Issue for the Court: Who must prove detrimental reliance when establishing proprietary estoppel?

Held: The court ruled that once a claimant establishes detrimental reliance on a promise, the burden shifts to the defendant to disprove that reliance.

Lord Denning MR

  • Burden of Proof: The person asserting proprietary estoppel must demonstrate detrimental reliance on assurances. Proof of financial detriment is not always necessary; it suffices that reliance was detrimental in a broad sense.

Nicolas Heyes
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