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Winter v. Winter [2024] 2 FLR 1065; [2025] 2 P&CR 2; [2024] WTLR 1559

Introduction

One of the leading cases on the meaning of detriment in a proprietary estoppel claim. The Court of Appeal confirmed that any non-financial disadvantage had to be weighed against financial benefit, even where the non-financial disadvantage was not susceptible to quantification; and that where a claimant had devoted his working life to a particular course in reliance on an assurance, the court could find detriment even if the claimant had not shown that they would otherwise have been likely to take a specific alternative course which would probably have been more beneficial.

One of the leading cases on the meaning of detriment in a proprietary estoppel claim. The Court of Appeal confirmed that any non-financial disadvantage had to be weighed against financial benefit, even where the non-financial disadvantage was not susceptible to quantification; and that where a claimant had devoted his working life to a particular course in reliance on an assurance, the court could find detriment even if the claimant had not shown that they would otherwise have been likely to take a specific alternative course which would probably have been more beneficial.

ASSOCIATED CASES
  • CASES

    October 19, 2025

    Scott v Scott and Others [2025] EWHC 2796 (Ch)

    Wills & Trusts

    1.Proprietary Estoppel (PE) For a claim in PE to succeed, Richard must have made a clear promise to Adam on which Adam reasonably relied to his detriment [187]. As an equitable remedy, it must also be considered unconscionable for Richard to resile from that promise [189]. In 1985, Richard promised to “set [Adam] up in…

  • CASES

    June 1, 2006

    Westendorp & anor v Warwick [2006] EWHC 915

    Wills & Trusts

    Testamentary capacity.