This to an extent that the doctrine should not

This paper is to critically analyse the statement of Lord Scott within Cobbe v Yeoman’s Row Management Ltd1 which concerned the operation of the doctrine
of proprietary estoppel. Amongst others, Lord Scott proposed in his majority
opinion that “… proprietary estoppel
cannot be prayed in aid in order to render enforceable an agreement that
statute has declared to be void.”2 As
said otherwise, this doctrine cannot be invoked by a claimant due to
non-compliance with statutory controls, specifically the rules contained in the
Law of Property (Miscellaneous Provisions) Act 1989.3 This
paper will first explore the principles of proprietary estoppel and consider
the relationship between equity and this statutory control. After critically assessing
both perspectives as to whether equity should or should prevail, this paper
will support Lord Scott to an extent that the doctrine should not able to
render an enforceable agreement where it does not comply with the statutory regulations
in cases of a commercial context.

1 2008
UKHL 55, 2008 1 WLR 1752

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2 Ibid
1, para 29, per Lord Scott of Foscote

3 Law of Property (Miscellaneous Provisions) Act
1989 s2