Alvina Whittaker v Anthony David Kinnear (acting by his agents on Gershinson and Louise Brooks of Allsop LLP being Receivers appointed under the Law of Property Act 1925) [electronic resource]
Language: English Publication details: 2011Subject(s): Online resources: Summary: [2011] EWHC 1479, 10 June 2011. Considers whether assurances made by a developer (K) to the owner of a property he was purchasing (W), including allowing her to stay in the house for as long as she wanted, can create a proprietary estoppel or a constructive trust in her favour notwithstanding that the parties went on to sign a contract of sale which made no mention of them. Receivers were attempting to gain possession of the house, following K's defaulting on the mortgage. "Held": the appeal was allowed, the order for possession set aside and the case remitted to the Colchester County Court.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 153578-2001 |
[2011] EWHC 1479, 10 June 2011. Considers whether assurances made by a developer (K) to the owner of a property he was purchasing (W), including allowing her to stay in the house for as long as she wanted, can create a proprietary estoppel or a constructive trust in her favour notwithstanding that the parties went on to sign a contract of sale which made no mention of them. Receivers were attempting to gain possession of the house, following K's defaulting on the mortgage. "Held": the appeal was allowed, the order for possession set aside and the case remitted to the Colchester County Court.