Context is hugely important in proprietary estoppel but does it reflect the realities of family life?

The factual background of last month's Court of Appeal's decision Liden v Burton [2016] EWCA Civ 275 involved the acquisition by Ms Liden a Swedish national of a share in the beneficial interest of Mr Burton's home arising from her monthly contribution of which there was '£200 towards the house'.

At first instance the judge clearly preferred the evidence of Ms Liden on all material matters. This included her account that she made the contribution because Mr Burton had told her on numerous occasions that they would be together for the future that this would be their home that he would look after her forever. Her witness statement had included the following passage: 'He told me "you have to contribute wherever we live so why not pay for my house?"'. The Judge concluded that Mr Burton had induced encouraged or allowed Ms Liden to believe she was obtaining an interest in the property that the monthly payments were made in reliance thereon and that it would be unconscionable for Mr Burton to deny Ms Liden an interest in the...

Read the full article here.