TY - JOUR

T1 - Addressing the ‘Lively Controversy’ around proprietary estoppel: Guest v Guest [2022] UKSC 27

AU - Purewal, Anita

N1 - This is a pre-copy-editing, author-produced PDF of an article accepted for publication in British Journal for the Philosophy of Science following peer review. The definitive publisher-authenticated version Anita Purewal, Addressing the ‘Lively Controversy’ around proprietary estoppel Guest v Guest 2023 29, 1: 79-85 is available online at: https://academic.oup.com/tandt/article/29/1/79/6820994

PY - 2023/2/28

Y1 - 2023/2/28

N2 - The long-awaited Supreme Court ruling in Guest v Guest has provided a welcomed judgment on a core principle in equity and trusts law, proprietary estoppel. The leading judgment not only provides guidance on the purpose of relief for proprietary estoppel, but also provides much needed clarity on a persistently debated issue in case law, namely whether an ‘expectation-based’ or ‘reliance-based’ approach to calculating relief for proprietary estoppel should be adopted, with the judgment providing an insightful step-by-step guide for the exercise of judicial discretion in such cases to ensure appropriate and justified relief is awarded.

AB - The long-awaited Supreme Court ruling in Guest v Guest has provided a welcomed judgment on a core principle in equity and trusts law, proprietary estoppel. The leading judgment not only provides guidance on the purpose of relief for proprietary estoppel, but also provides much needed clarity on a persistently debated issue in case law, namely whether an ‘expectation-based’ or ‘reliance-based’ approach to calculating relief for proprietary estoppel should be adopted, with the judgment providing an insightful step-by-step guide for the exercise of judicial discretion in such cases to ensure appropriate and justified relief is awarded.

U2 - 10.1093/tandt/ttac111

DO - 10.1093/tandt/ttac111

M3 - Journal article

VL - 29

SP - 79

EP - 85

JO - Trusts & Trustees

JF - Trusts & Trustees

SN - 1363-1780

IS - 1

ER -