Defying easy explanations—the case of Pennington v Waine 18 years on. Issue 5 (1st May 2020)

• Record Type: Journal Article
• Authors: Sutherland, Sean
• Is Part Of: Trusts & trustees. Volume 26:Issue 5(2020)
• Page Start: 404
• Page End: 408
• Publication Date: 2020-05-01
• Subjects: Trusts and trustees -- Periodicals; 346.05
• DOI: 10.1093/tandt/ttaa031
• Languages: English
• ISSNs: 1363-1780

Abstract

Abstract: The case of Pennington v Waine has been subject to extensive scholarly attention. Many have sought to fit the case into established categories, such as proprietary estoppel or the rule in Re Rose . This article will argue that the case cannot be explained with these easy explanations. Instead it marks a radical shift in the law and is indicative of an equity that is "on the move".