Alice Hawker

“One day, all this will be yours.” In varying guises, this story is familiar: a promise of land, acted on by the promisee to their detriment but later resiled from by the promisor. In such circumstances, equity may step in with a remedy. While the doctrine is well-known, the question remains: what is the point of proprietary estoppel? Is the essential aim: (a) to give effect to the claimant’s expectation; (b) to ensure that detriment suffered by the claimant is compensated; or (c) something else?

The Claimant had served valid notices to exercise valuable options in three leases but had omitted to pay the 10% deposits which were due by midnight on the date the Claimant exercised the options. HHJ Hodge KC (sitting as a High Court Judge) accepted the Claimant’s argument that time was not of the essence for payment of the three deposits.