- Court of Appeal upholds remedy in farming proprietary estoppel case (Guest v Guest)
- What are the practical implications of this case?
- What was the background?
- What did the Court of Appeal decide?
Property Disputes analysis: The Court of Appeal has upheld a High Court judge's order that, having promised the respondent son that he would inherit a substantial share of their farm, the appellant father and mother should pay him a lump sum equal to 50% of the market value of their farming business and 40% of the market value of the buildings and land. The court found that although the order made the farm's sale almost inevitable, the relief granted had not gone beyond what was necessary to avoid an unconscionable result. Daniel Gill, a partner at Clarke Willmott LLP, and Polly Ridgway, an associate, examine the court's decision.
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