Dillwyn v. Llewelyn─A Fresh Perspective on a Misconceived Approach: An Article in Honour of the Late Professor Mark Thompson

Reflects on Dillwyn v Llewelyn (QB), which applied principles that became known as proprietary estoppel, and new facts that have emerged which reveal that the parties were on good terms and that recourse to proprietary estoppel was the only way to bring about the desired outcome. Analyses the overlap between the principles of proprietary estoppel and of constructive trusts, when the courts seek to disengage the provisions of the Law of Property (Miscellaneous Provisions) Act 1989 s.2(1), and argues that from a historical perspective there should be no overlap between the two.