What (In the View of Scarman LJ in Crabb V

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The Answer is In the case of Crabb v Arun District Council [1976] Ch 179, Lord Justice Scarman addressed the issue of the appropriate remedy for a successful proprietary estoppel claim. Proprietary estoppel arises when a person has been led to believe that they will enjoy some right or benefit over property, they have relied on this belief to their detriment, and it would be unconscionable for the promisor to go back on their word.

According to Scarman LJ, when proprietary estoppel is established, the court is tasked with the duty to satisfy the equity that has been raised in favor of the claimant. The remedy should aim to do what is necessary to prevent the detriment or to compensate for it, ensuring that the claimant is put in the position they would have been in had the promise or assurance been fulfilled.

Scarman LJ stated that the court must exercise its discretion to fashion a remedy that is proportionate to the circumstances of the case. This means that the remedy should reflect the minimum equity to do justice and may not necessarily be the full interest that was expected but could be a lesser interest that satisfies the equity raised.

The remedy could take various forms, such as the award of a license, the grant of an easement, or the transfer of ownership of the land in question. The specific remedy would depend on the facts of the case, the nature of the assurances made, the extent of the reliance and detriment suffered by the claimant, and what would be considered conscionable in the circumstances.

In summary, Scarman LJ's view in Crabb v Arun District Council is that the appropriate remedy for a successful proprietary estoppel claim is one that is tailored to the particular facts of the case, aimed at preventing or compensating for the detriment suffered, and reflecting the minimum necessary to satisfy the equity raised in favor of the claimant.

What (In the View of Scarman LJ in Crabb V

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