“…. To that extent, the courts have sometimes used a normative legal fiction in order to determine what is and what is not unconscionable (see e.g. Uglow v Uglow [2004] EWCA Civ 987 at [30] per Mummery LJ). The bystander, however, takes into account all the circumstances, including the expectations of and detriment to the claimant. He does…”
“…Clarke v Swaby [2007] UKPC1, [2007] 2 P & CR 2 many years of rent-free occupation of the property in question was enough to satisfy an equity. In Uglow v Uglow [2004] EWCA Civ 987, [2004] WTLR 1183 the claimant’s expectation of inheriting his uncle’s farm was held to have been satisfied by his uncle’s grant to him of a protected transmis…”
“…It was suggested by Mr Thomas that at best the statements made were in some sense conditional on Stephen’s behaviour. For example, in Uglow v Uglow [2004] EWCA Civ 987 the Court of Appeal upheld the trial judge’s finding that the promise was really that the claimant would inherit “if all went well with the business relationsh…”