Sentences with phrase «estoppel claims»

She has a broad property practice and has advised and represented commercial and residential clients on — amongst other things — dilapidations, the construction of leases and licences, easements and covenants, express and implied trusts, boundary disputes, forfeiture, adverse possession and proprietary estoppel claims.

You can find out more about proprietary estoppel claims here.

In order for C's proprietary estoppel claim to succeed she had to show evidence of: an agreement or an assurance by D that the property was to be shared beneficially; reliance by C on that assurance; and detriment suffered by C as a result of relying on that assurance.

Assisting with Davies v Davies [2014] EWCA Civ 568, a proprietory estoppel claim over a farm, livestock and business worth in excess of # 4million, in relation to successful initial High Court action and defence in the Court of Appeal.

However, the lower court did award plaintiff $ 250,000 in bid preparation costs under the promissory estoppel claim.

By contrast, to establish a proprietary estoppel claim, it is only necessary to show that there was an assurance made which was relied upon, to the non-owning party's detriment.

Not exact matches

Equitable estoppel does not bar assertion of patent claims later amended by reexamination when those new claims differ in scope from earlier claims in the patent that...

Except that David claimed to have the benefit of a proprietary estoppel against Peter and his estate, on the basis that over 15 years or more he acted to his considerable detriment in reliance on an expectation repeatedly encouraged by Peter that he (David) would inherit Peter's estate, or at least Steart Farm — such that it became unconscionable for the same to be disposed of elsewhere.

Further, said Sir John, the judge was wrong to hold — if that was what he had held — that to found a claim in proprietary estoppel the representation must be specific as to the interest intended to be conferred: an estoppel could operate in less confined circumstances.

C applied for a declaration that she had a beneficial interest in the flat that she shared with D (the legal title was in D's name) and for reasonable provision from D's estate pursuant to the Propriety Estoppel and Claim under Inheritance (Provision for Family and Dependants) Act 1975.

The defendants both moved for summary judgment on the grounds that Otis» position in this case was opposite of his position in the underlying case and the doctrine of judicial estoppel barred his negligence and 93A claims.

Today's ruling holds that plaintiff's complaint can be understood to allege a claim for promissory estoppel and that the Communications Decency Act would not necessarily preclude that claim.

Additionally, the SJC rejected Otis» arguments that judicial estoppel should not be applied because: (1) Otis is bringing the present suit as an assignee of Cusick and is therefore presenting Cusick's claims, not his own; (2) Otis himself did not make inconsistent statement under oath concerning his comparative negligence; and (3) the SJC previously rejected use of judicial estoppel in cases of assignment of legal malpractice claims.

equitable remedies including proprietary estoppel, resulting trust and constructive trust claims; and

Advising clients in respect of a claim for proprietary estoppel over their entitlement to the deceased uncle's interest in a substantial farm.

101 In relation to reliance as an essential element of a claim founded upon proprietary estoppel, Snell's Equity, 31st ed (London: Sweet and Maxwell, 2005) says, at § 10 - 18:

The BC Appeal Court in Cowper - Smith v Morgan 2016 BCCA 200 allowed an appeal in part to over turn the successful the claim brought for proprietary estoppel at trial by finding that the claim should not be allowed where a non owner of property gave assurances and a reliance thereon with respect to her future intentions based on the assumption she would inherit from her mother the owner., when she might not.

Edward has wide experience in litigation concerning trusts of land, proprietary estoppel, equitable accounting, conveyancing disputes, boundary disputes, adverse possession claims, litigation over easements and restrictive covenants, legal and equitable charges and mortgages, landlord and tenant disputes and possession actions.

The Doctrine of Judicial Estoppel is an Effective Tool in the Defense of «Settle and Sue» Claims By: Karen A. Smyth, Esq., Lipson, Neilson, Cole, Seltzer & Garin, P.C.

A claim of promissory estoppel does not share any elements of proof with a claim of race discrimination under the MHRA, the latter of which requires Plaintiff to show that: (1) he was a member of a protected group; (2) he was meeting the legitimate expectations of his employer; (3) he suffered an adverse employment action; and (4) similarly situated employees who were not members of the protected group were treated differently.

Grounds for the petitioner's request to cancel one or more claims of a patent are restricted to prior art consisting of patents or printed publications, which can potentially limit the estoppel effect for the petitioner or patent owner.

Importantly, Defendant's obligations to Plaintiff are not the same in a claim for promissory estoppel and a claim for race discrimination under the MHRA.

(following FNB v Ann above, strike out / limitation period for extortionate credit bargain claim / issue estoppel / abuse of process)

Under Morgan, the Court concludes that Plaintiff's race discrimination, promissory estoppel, and fraudulent inducement claims are in part barred by the one - and two - year statutes of limitation under Minn..

Keeping the full range of its FRAND defenses alive against Google's Motorola Mobility even though its FRAND contract claims and estoppel theories temporarily (based on the aforementioned minute order) appeared to have been dismissed with prejudice, is a noteworthy success for Apple's outside counsel from three firms (Covington & Burling, Tensegrity Law Group, and Wisconsin - based CETRA).

The claim by the defendants to Adams» own claim in a separate action for the consent order to be set aside on duty, estoppel, mistake and unconscionable conduct was dismissed.

Mediated dispute between author and media company giving rise to claims to breach of contract, promissory estoppel, fraudulent inducement and negligent misrepresentation

In promissory estoppel, such payments could not be claimed back, as established in High Trees.»

Mr James» first claim for proprietary estoppel was unsuccessful, and so he sought to argue that his father's will was invalid because he had lacked capacity to make it in the first place.

One case concerned a claim for equitable relief arising from an estoppel.

In his Dictionary of Legal Usage, Bryan Garner explains that collateral estoppel is «a miniature of res judicata: the former applies to issues, the latter to entire claims or lawsuits.»

This meant, it was argued, that Mr Ely could not claim that the agreement between the parties was sufficient for a proprietary estoppel (or constructive trust) claim.

It is notable that this case draws little distinction between a claim brought under a constructive trust and one brought under proprietary estoppel.

However, as is well established, s 2 (1) did not defeat a claim brought on the basis of a proprietary estoppel or constructive trust.

Another probate case in the news recently involved two sisters who claimed that their father had promised to leave his # 231,000 estate to them and not to his second wife: their claim, on grounds of «proprietary estoppel», hinged on # 100 monthly payments they had made to him and his first (late) wife for 20 years.

To prevail on a claim of promissory estoppel under Missouri law, a party must establish a promise made by the defendant; foreseeable, detrimental reliance on the promise; and injustice unless the promise is enforced.

Property Faith regularly advises on and acts in property disputes including claims in respect of constructive trusts, proprietary estoppel, easements, restrictive covenants, boundary disputes, the enforceability of charges, relief from forfeiture, and other landlord and tenant matters.

The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).

Weirton argued that this manifest disregard occurred in connection with (1) the arbitrator's disposal of the case on summary disposition; (2) the arbitrator's determination that all claims but one were barred by res judicata or collateral estoppel; (3) the arbitrator's conclusion that one of Weirton's claims was barred by the statute of limitations; and (4) the arbitrator's determination that, if not barred by res judicata, a number of Weirton's claims were barred by the gist - of - the action doctrine.

Civil claims will continue, he adds, but «because the criminal conviction is wiped out, the plaintiffs can not rely on it as proof in their case, if my dim memory of collateral estoppel serves me right.»

By Opinion dated October 24, 2017, the Michigan Court of Appeals recently affirmed a prior trial court victory achieved by the Lipson, Neilson team in obtaining summary dismissal of a legal malpractice claim on the ground of collateral estoppel.

A PTAB decision to institute review of a claim based on some, but not all, alternative grounds for invalidity based on redundancy may preclude a subsequent challenge on the non-instituted grounds due to estoppel and other restrictions placed on AIA petitions.

We have considerable experience in pursuing and resisting estoppel arguments and have dealt with rectification claims both by way of summary judgment and at a full hearing.

Infectious Estoppel: Federal Circuit Applies Prosecution History Estoppel to Unamended Claim

Defences to the claim based upon mutual and unilateral mistake, and various pleas of estoppel, were rejected by Mr. Justice Arnold.

A High Court claim between family members to a substantial property, which explored the subject of a locus poenentitiae where a contract was unenforceable for illegality and the satisfaction of an equity in proprietary estoppel.

Along with attorney Jeffrey S. Taylor, Michael successfully defended (not guilty in a bench trial) a claim on a personal guarantee valued in excess of $ 2,000,000.00 and alleged breach of fiduciary duty in a complex case which involved issues of estoppel, accord and satisfactory parol evidence, statute of frauds, unclean hands, breach of contract, burden shifting, constructive trust, Marital Settlement Agreements and bankruptcy issues.

Informal appeal processes are akin to attempts by the parties to resolve the claim; such dealings do not give rise to an estoppel argument.

He also has experience of probate matters including claims for proprietary estoppel, claims under the Inheritance Act and claims of professional negligence against solicitors.

There was no showing that the teacher reasonably relied on representations of the board to her detriment and, since the contract was void ab initio, it can not form the basis for a claim of estoppel.