TY - JOUR

T1 - Dillwyn v. Llewelyn─A Fresh Perspective on a Misconceived Approach

T2 - An Article in Honour of the Late Professor Mark Thompson

AU - Owen, Gwilym

AU - Parker, Marie

PY - 2022/3

Y1 - 2022/3

N2 - 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.

AB - 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.

KW - conztructive trusts

KW - contracts for sale of land

KW - Legal history

KW - Proprietary estoppel

M3 - Article

VL - 2022

SP - 70

EP - 86

JO - Conveyancer and Property Lawyer

JF - Conveyancer and Property Lawyer

SN - 0010-8200

IS - 1

ER -