Jurisdiction(s):
United Kingdom

Howe v Gossop: proprietary estoppel, unconscionability and LP(MP)A 1989 s 2; equitable relief short of enforcing failed land agreements (England and Wales)

Published on: 23 March 2021

Published by a LexisNexis Property Disputes expert

Legal News

Article summary

Howe and another v Gossop and another [2021] EWHC 637 (Ch) What are the practical implications of this case?

The ruling highlights the adaptable scope of equitable relief under proprietary estoppel and offers further direction on how that sits alongside contractual requirements. It also helps reconcile an apparent conflict in commentary and clarifies observations from the House of Lords and the Court of Appeal in other cases. Those advising on claims or defences founded on proprietary estoppel, or on disputes arising after unfinished negotiations concerning interests in land, now have an additional analytical approach to deploy. Attention must be paid to the precise nature of the right being asserted, the remedy sought, and the parties’ background and experience. In short, where parties have been working towards a property contract, that fact alone does not bar an equity from arising on grounds of unconscionability, permitting a party to uphold rights that fall short of enforcing the anticipated agreement. Where what is effectively pursued is specific performance of a non-binding bargain, there will need to be some other...

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