3PB's Rachel Bale considers expectation vs reality in a recent Supreme Court judgment - Guest and another v Guest  UKSC 27. The case discussed the correct approach in calculating the type and amount of equitable relief to be awarded where proprietary estoppel has been made out. This case involved a family dispute over, Tump Farm, a working dairy farm which has been owned by the Guest family since 1938. An interesting aspect of this case is that the court had to consider how to deal with promises of future inheritance where the promisor is still alive. As is often the case with familial issues, the solution is not necessarily clear-cut...
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Property and Estates
Rachel is a specialist property practitioner, with a particular emphasis on the law of landlord and tenant and residential property. Her work spans the breadth of residential and commercial, representing both landlords and tenants in the private and public sector.
Rachel provides advice, drafts pleadings, and offers strong advocacy skills in this area. She is experienced in dealing with a range of claims dealing with repossession, claims for non-protection of deposits, breaches of covenant, dilapidations, and anti-social behaviour.
Rachel’s property practice includes the following areas:
- Tenancies pursuant to Housing Act 1985 and 1988
- Tenant Fees Act 2019 claims
- Rights of way and other easements
- Adverse possession
- Nuisance claims (including floods).
Rachel also has a growing chancery practice in the following areas:
- Contentious probate
- Inheritance Act claims
- Applications under the Trusts of Land and Appointment of Trustees Act 1996.
Guest and another v Guest  UKSC 27 – “Proprietary Estoppel: Expectation vs Reality”23rd Nov 2022
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“Rachel is an outstanding advocate and provided valuable and thorough advice in this matter. Her intricate scrutiny of the Claimant’s claim in a short timescale assisted us in achieving a positive result for the Client.” - Instructing solicitor
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