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Thorner v Majors and others [electronic resource]

Language: English Publication details: 2009Subject(s): Online resources: Summary: [2009] UKHL 18, 25 March 2009. The case relates to proprietary estoppel. David Thorner (D) helped a relative Peter Thorner (P) on his farm. Then from 1990 to P's death in 2005, he worked on the farm without a salary. Peter had written a will designating D as a beneficiary of the farm. Following a disagreement with a pecuniary legatee, P destroyed the will. P died intestate and D succeeded by first instance in asserting a claim to the farm by way of proprietary estoppel. The Court of Appeal overturned that decision. D appealed to the House of Lords. D claimed that P had intended to leave the farm to him. The issues to solve were the character or quality of representation given to D, and whether D must fail if the land was not clearly identified or had undergone some changes. D argued that the decision of the court of Appeal was wrong because the "clear an unequivocal" test applied was not relevant to proprietary estoppel. "Held": The handing over of an insurance policy bonus to D by P "for his death duties" made a transition between hope and expectation. P's oblique remarks on subsequent occasions indicated P's intention to allow D to inherit the farm. P continued with this pattern of conduct till his death. The judge was right to find that D could rely on P's words and acts. D's appeal is allowed.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE JUDGMENT (Browse shelf(Opens below)) 1 Available 147363-2001

[2009] UKHL 18, 25 March 2009. The case relates to proprietary estoppel. David Thorner (D) helped a relative Peter Thorner (P) on his farm. Then from 1990 to P's death in 2005, he worked on the farm without a salary. Peter had written a will designating D as a beneficiary of the farm. Following a disagreement with a pecuniary legatee, P destroyed the will. P died intestate and D succeeded by first instance in asserting a claim to the farm by way of proprietary estoppel. The Court of Appeal overturned that decision. D appealed to the House of Lords. D claimed that P had intended to leave the farm to him. The issues to solve were the character or quality of representation given to D, and whether D must fail if the land was not clearly identified or had undergone some changes. D argued that the decision of the court of Appeal was wrong because the "clear an unequivocal" test applied was not relevant to proprietary estoppel. "Held": The handing over of an insurance policy bonus to D by P "for his death duties" made a transition between hope and expectation. P's oblique remarks on subsequent occasions indicated P's intention to allow D to inherit the farm. P continued with this pattern of conduct till his death. The judge was right to find that D could rely on P's words and acts. D's appeal is allowed.