What causes proprietary estoppel claims to fail in commercial disputes? – Tanfield Chambers
‘James Castle examines why proprietary estoppel claims often fail in commercial disputes. This article explores the core elements of the doctrine and discusses how the commercial sophistication of the parties can undermine a claim, drawing on principles from key cases such as Cobbe v Yeoman’s Row Management Limited [2008] UKHL 55. It looks at the challenges posed by section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, and considers the development of the principles to be applied when determining the appropriate remedy for proprietary estoppel and the likely need to revisit the guidance set out in Guest v Guest [2022] UKSC 27 in cases involving the sale of land.’
Tanfield Chambers, 28th August 2025
Source: tanfieldchambers.co.uk

