Probate – Page 7 – Charles Cooper

Winter & Anor v. Winter [2023] EWHC 2393 (Ch)

The benefit of a share in the partnership and shares in the family company worth £2million does not outweigh the detriment of ‘working very hard for most of their working lives for little reward in terms of pay’ in a claim for proprietary estoppel: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/2393
Read more: Winter & Anor v. Winter [2023] EWHC 2393 (Ch)
Del Curto v. Del Curto [2023] EWHC 2106

Jurisdiction of the foreign court should not be an issue when registering a judgment under the Foreign Judgments (Reciprocal Enforcement) Act 1933 when the ‘only way in which the Judgment could be satisfied was by way of payment of money’ and where there was ‘nothing whatsoever in the Judgment… to the effect that the Judgment…
Read more: Del Curto v. Del Curto [2023] EWHC 2106
Spencer v. Estate of J M Spencer [2023] EWHC 2050 (Ch)

Recollections of promises are sufficient to establish proprietary estoppel; and where there is reliance, the benefits of remaining and working on a farm do not preclude detriment – ‘the detriment is in the giving up of an opportunity to take a different course in life’: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/2050
Read more: Spencer v. Estate of J M Spencer [2023] EWHC 2050 (Ch)

Charles Cooper | Barrister