“…as she has suffered. The two approaches, in their starkest form, are fundamentally different: see Cobbe v Yeoman’s Row Management Limited [2006] EWCA Civ 1139; [2006] 1 WLR 2964 at [120] (reversed on a different point [2008] UKHL 55; [2008] 1 WLR 1752). Much scholarly opinion favours the second approach… Others argue that the outcome w…”
“…e proprietary remedy was concerned, they considered both proprietary estoppel and also constructive trust. Reversing the Court of Appeal ([2006] EWCA Civ 1139, [2006] 1 WLR 2964), the House decided that both claims failed; and it is important to understand why. Both Lord Scott and Lord Walker gave speeches. Lord Hoffmann and Lord Mance…”