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Law Cases
Land Law Cases
Proprietary estoppel Cases

Campbell v Griffin [2003] Conv 157

Country:
United Kingdom
By Oxbridge Law Team
Robert Walker LJ

  • Plaintiff was the lodger of X and Y and eventually ended up being a carer for them too, in return for which they promised that he would have a “home for life”.

  • However only Y made the change to his will leaving the house to Plaintiff, whereas X, who died later and whose will took precedence, left the property to her relatives, Defendant, whom Plaintiff sued for possession.

  • CA allowed proprietary estoppel.

Robert Walker LJ

  • The court has to look at all the circumstances to decide not to grant “the minimum equity to do justice to the plaintiff’”.

  • The court had wide discretion. On the one hand, Plaintiff had taken great care and expense on behalf of X and Y, but on the other had been living virtually rent-free and often in sole occupation of the house.

  • Here, a fixed sum of £35k was appropriate, as being given a lifetime licence on trust would be too complex. 

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