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ARTICLE · 26 JULY 2024

Detriment, What Detriment?

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The Court of Appeal upheld that proprietary estoppel requires showing substantial net detriment, balancing non-financial disadvantages against financial benefits, and affirmed the trial judge's assessment of detriment is difficult to challenge on appeal.

United KingdomLitigation, Mediation & Arbitration
Kort Egan
Kort Egan

The Court of Appeal in Winter & Anor v Winter & Anor [2024] EWCA Civ 699 recently considered an appeal focused on the finding of the judge at first instance that there was detriment for the purposes of a proprietary estoppel claim. The case provides a useful recap of the relevant principles to be applied when detriment falls to be considered.

Relevant facts

In very simple terms:

  • There were three siblings – Richard, Philip and Adrian. The parents of the siblings were Albert and Brenda. Albert and Brenda bought a farm in Somerset ("the Farm") and carried on a market garden business from there.
  • Whilst Richard and Adrian did not work on the farm for certain periods, all three siblings worked in the business on a full-time basis.

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