| 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 |
||