Apocalypse Averted: Proprietary Estoppel in the House of Lords

Law Quarterly Review, pp. 535-542, 2008

Oxford Legal Studies Research Paper No. 38/2009

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 Thorner v Major [2009] UKHL 18. It considers its effect on the doctrine of proprietary estoppel and its treatment of the earlier House of Lords decision in Yeoman’s Row Management Ltd v Cobbe. It welcomes the fact that the Thorner decision involves a withdrawal, by the majority of the House of Lords, from the strict positions adopted by each of Lord Scott and Lord Walker in the earlier case. The note considers how proprietary estoppel will operate in the future, particularly in cases where one party relies on another’s commitment to give that party a right in the future.

Keywords: land law, Estoppel

Suggested Citation

Mcfarlane, Ben and Robertson, Andrew, Apocalypse Averted: Proprietary Estoppel in the House of Lords (2009). Law Quarterly Review, pp. 535-542, 2008; Oxford Legal Studies Research Paper No. 38/2009. Available at SSRN: https://ssrn.com/abstract=1494965

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)

Register to save articles to
your library

Register

Paper statistics

Abstract Views
1,410
PlumX Metrics
!

Under construction: SSRN citations will be offline until July when we will launch a brand new and improved citations service, check here for more details.

For more information