000 02148cad a22002655a 4500
001 L147363
008 090505e20090325xxk f v 000 0 eng d
035 _a(Sirsi) u147363
041 0 _aeng
245 0 0 _aThorner v Majors and others
_h[electronic resource]
260 _c2009
520 _a[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.
590 _aKA
650 2 4 _aTHORNER V MAJORS
650 2 4 _aWALTON V WALTON
650 2 4 _aJONES V WATKINS
650 2 4 _aLAYTON V MARTIN
650 2 4 _aRE BASHAM DECEASED
650 2 4 _aGILLETT V HOLT
650 2 4 _aCOBBE V YEOMAN'S ROW MANAGEMENT LTD
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RURAL AND NATURAL ASSETS-ACQUISITION AND DISPOSAL OF RURAL AND NATURAL ASSETS
856 4 0 _uhttps://www.bailii.org/uk/cases/UKHL/2009/18.html
_zView the case free of charge at www.bailli.org...
942 _n0
999 _c81511
_d81511