Potential claimants should be aware that the Court’s power to make an order for alternative service goes much further than simply allowing service by email. In certain circumstances, where there are no other practical options available, this can include unconventional methods of service such as text message, voicemail and social media.
Following ‘hot on the heels’ of the case of Linden v Burton (2016) the Court of Appeal have again been trying to grapple with the difficulties of proprietary estoppel claims in the case of Davis v Davis and Davis.
The recent cases of Linden v Burton (2016) and Davies v Davies and Davies (2016) demonstrate that there is life in the old doctrine of proprietary estoppel.
This blog reviews the first of these cases, which was an appeal in the Court of Appeal against a first instance decision declaring that a residential property was held on trust under the terms of which the first £33,522 in equity is held for the respondent to the appeal, Ms Liden, on the basis of proprietary estoppel.
Many obligations are imposed on directors in exercising their duties. A recent decision of the Supreme Court provides that when exercising your powers as a director you must always consider the actual purpose for which you propose to exercise those powers and ensure that purpose is proper. It is not sufficient simply for directors to act honestly to promote the success of the company for the benefit of its members as a whole.