Pascoe v Turner [1979] 1 WLR 431

Court of Appeal

Basic Facts: D moved in with C, who declared that D could keep the house and its contents. After spending money on the property, C attempted to evict D.

Issue for the Court: What is the relief given after a successful claim of proprietary estoppel?

Held: The court held that proprietary estoppel could give rise to an enforceable right to remain in a property, based on a promise made and relied upon.

Cumming-Bruce LJ held:

  • Proprietary estoppel can lead to a remedy that reflects the detriment suffered by the claimant.

  • In this case, D was entitled to a fee simple in the property due to the reliance and detriment caused by Cā€™s promises.

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Peffer v Rigg [1977] 1 WLR 285

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Parker-Tweedale v Dunbar Bank (No 1) [1991] Ch 12