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Competing equities: a thorny issue

Competing equities: a thorny issue

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2022) Competing equities: a thorny issue. Property Law Journal, 401. ISSN 1461-0752 (Print), 1461-0752 (Online)

37747_PAWLOWSKI_Competing_Equities_a_thorny_issue.pdf - Accepted Version

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The article takes a critical look at the first in time rule as a means of resolving the problem of competing estoppel equities. It discusses the first in time rule and its exceptions and argues for a more flexible approach which would allow the court to acknowledge the competing estoppel claims (assuming these are made out on the facts) and determine the equities from the standpoint of the conscience of the parties and how best (if at all) to satisfy the equities. The outcome, therefore, would be dependent on doing justice between the claimants (so as to avoid an unconscionable result) and arriving at a solution which reflects the merits (or otherwise) of all claims.

Item Type: Article
Uncontrolled Keywords: estoppel claims; first in time rule; exceptions; proprietary estoppel; satisfying the equities; unconscionability; range of remedies; discretionary approach; doing justice between the parties
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Faculty / School / Research Centre / Research Group: Faculty of Liberal Arts & Sciences
Faculty of Liberal Arts & Sciences > School of Law & Criminology (LAC)
Last Modified: 16 Nov 2022 10:16

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