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Thorner v Curtis and Others
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Justis Editorial on 30 August 2011


Proprietary Estoppel

The House of Lords issued judgment in the case of Thorner v Major & Others [2009] UKHL 18 on 25th March 2009. The case concerned an application for proprietary estoppel by the applicant, a farmer who carried out substantial work for 30 years on the farm owned by his father’s cousin. It was held that the applicant was encouraged to work on the farm on the belief he would inherit it, and he acted on this assurance to his detriment as his father’s cousin left no will.

The Lords allowed the appeal and restored the decision of the judge. It was held that there was a close and ongoing daily relationship between the parties and that it was unnecessary to try to pin point the date at which the assurance became unequivocal, and indeed unrealistic to do so. Ultimately it was held that the applicant reasonably relied upon the assurance from 1990, even if it required later events to confirm that it was reasonable for him to have done so.

database/2012-05-17T22:05:12.5911996Z/6677562

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