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Campbell v Griffin

[2003] Conv 157

Case summary last updated at 09/01/2020 16:36 by the Oxbridge Notes in-house law team.

Judgement for the case Campbell v Griffin

P was the lodger of X and Y and eventually ended up being a carer for them too, in return for which they promised that he would have a “home for life”. However only Y made the change to his will leaving the house to P, whereas X, who died later and whose will took precedence, left he property to her relatives, D, whom P sued for possession. CA allowed proprietary estoppel. 
 
Robert Walker LJ: The court has to look at all the circumstances to decide hot to grant “the minimum equity to do justice to the plaintiff’”. The court had wide discretion. On the one hand, P had taken great care and expense on behalf of X and Y, but on the other had been living virtually rent-free and often in sole occupation of the house. Here, a fixed sum of £35k was appropriate, as being given a lifetime licence on trust would be too complex. 

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