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proprietary estoppel - what to include

Re: proprietary estoppel - what to include

Postby Boo » Sun Nov 27, 2016 10:10 am

I have to elbow in here.

From what the OP is saying she is likely a victim of domestic abuse. In particular controlling and coercive behaviour.

In September 2012 the Government published guidance which may assist prosecutors to better understand the nature and features of controlling or coercive behaviour.

Domestic violence and abuse is defined as:

"Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members, regardless of gender or sexuality. This can encompass, but is not limited to, the following types of abuse: psychological, physical, sexual, financial and emotional."


http://www.cps.gov.uk/legal/a_to_c/cont ... behaviour/

Earl, I know of a resource which may be of benefit to you. I'll send it via pm.
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Re: proprietary estoppel - what to include

Postby dls » Sun Nov 27, 2016 2:23 pm

In the absence of a clear promise that may be the better route forward.
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Re: proprietary estoppel - what to include

Postby Earl » Mon Nov 28, 2016 11:30 am

Hi,
I have just logged on and have not yet read the link offered, but I'm already in tears.
I did everything to get him to like me/love me and all I ever got were comments such as I never wanted you born. ( Mums waters broke at about 4 months so she was on bed rest, not even allowed to get up to pee) I think he has resented me all my life for the lack of attention he had for 5 months. Also I think he thought I was going to be disabled - blind/deaf because of infection; as it was I just had twisted feet that was rectified by 6 months of plaster work. May be he was just waiting for the disabilities to show,
Will return when the quiche is made and I am composed.
Thanks.
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Re: proprietary estoppel - what to include

Postby Earl » Mon Nov 28, 2016 5:49 pm

Thanks for the link, unfortunately it does not have retrospective effect. If it did I would now be swinging from the chandelier.

As to dls last comment - clear promise; so clear that I wrote it in my will, leaving the property which I was told was half mine and that I had my name on the deeds, to my son. So clear that when I had to live in one of the flats of said property, I cleared it with the benefit agency if I was allowed to claim rent and pay it to my landlord (father) even though I had my name on the deeds but received no income from the property as a whole. So clear that he said of said flat that I might as well paint it because it was half mine anyway. It was part way through refurbishment. And that's just for starters.
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Re: proprietary estoppel - what to include

Postby atticus » Mon Nov 28, 2016 6:57 pm

Earl, I think you understand what promissory estoppel is about.

David and I appear to differ on the value of the other stuff. I happen to think that setting this all out will help the court understand the context in which the promise was made and in which you relied on it. It brings it all to life. In my view this kind of thing makes cases of this kind credible.

I hope the quiche was good.
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Re: proprietary estoppel - what to include

Postby dls » Mon Nov 28, 2016 8:44 pm

My point is only that the emotional stuff runs second to the need to plead the right facts.

'So clear that I left to to my son' is not a a statement about the clarity of the gift, but about the OP's understanding.

Yes, all this stuff supports a claim, but only if a claim is first properly set out.

In ordinary life we are free to draw the conclusions suggested. A court is _not_ ordinary life.
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Re: proprietary estoppel - what to include

Postby Earl » Mon Nov 28, 2016 9:07 pm

Thank you.
The quiche as always was excellent. My husband who always has indigestion after other pastry has no problem with my super light, fine and crisp pastry.

However, I would like to make one statement that I would like a comment on given my situation, as I said before how far back do I go!! What's important.
Monday to Friday private catholic school, Saturday if it was summer Naturism (beaches/clubs) Sunday, Baptist Church with mum (happy clapping),
Brought up never to lie, except, allowed to lie friends, teachers, grandparents. Spent years writing made up stories of holidays in the New Forest when we spent the summer at South Hants Sun Club.
How many parents would allow their 8-15 year old daughter shower in a communal bathroom with men not of their acquaintance. On their own, parents nowhere to be seen.
How deep and how far back to show coercion abuse..............and is this not relevant to detriment........there are no other cases like this......think out of the box and suggest ideas for me to go forward.
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Re: proprietary estoppel - what to include

Postby Earl » Mon Nov 28, 2016 9:24 pm

Sorry crossed posts with dls.
Clarity - all I can say is driving past said property shortly after he bought it he said to me ' that's half yours'.................
in and around the same time he told me to go to the solicitors to sign something...........we didn't exactly get into a row but I asked sign what, and was told just do it, it's for my benefit..........I then said, but you told me never to sign anything I didn't know what it was about or understood, but bullied and went!
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