The Death of Proprietary Estoppel: Yeoman’s Row Management Ltd. v. Cobbe

Lloyds Maritime and Commercial Law Quarterly, pp. 449-460, 2008

Oxford Legal Studies Research Paper No. 37/2009

Posted: 28 Oct 2009

See all articles by Ben Mcfarlane

Ben Mcfarlane

University College London - Faculty of Laws

Andrew Robertson

University of Melbourne - Law School

Date Written: 2009

Abstract

This note considers the decision of the House of Lords in Yeoman’s Row Management Ltd v Cobbe [2008] UKHL 55. It considers the effect of the decision, and of the reasoning employed in the speeches, on the law relating to proprietary estoppel, constructive trusts, and unjust enrichment. It argues that, whilst the decision reached by the House of Lords may well be justifiable, the reasoning employed by each of Lord Scott and Lord Walker is inconsistent, each in different ways, with previously settled understandings of the operation of proprietary estoppel, and would therefore cause problems if strictly applied.

Keywords: land law, Estoppel, constructive trusts, unjust enrichment

Suggested Citation

Mcfarlane, Ben and Robertson, Andrew, The Death of Proprietary Estoppel: Yeoman’s Row Management Ltd. v. Cobbe (2009). Lloyds Maritime and Commercial Law Quarterly, pp. 449-460, 2008; Oxford Legal Studies Research Paper No. 37/2009. Available at SSRN: https://ssrn.com/abstract=1494952

Ben Mcfarlane (Contact Author)

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

Andrew Robertson

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
61 3 8344 0379 (Phone)
61 3 9347 2392 (Fax)

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