Crabb v Arun District Council

Facts

Mr Crabb owned land with access at one point. The council, by its conduct at a meeting and by putting in a gate, led him to believe he would have a second access. He sold the part of the land that had the original access, and the council then fenced off the gate.

Issue

Had the council's encouragement given him an equity?

Held

Yes. The Court of Appeal held it would be unconscionable for the council to go back on the expectation. He was granted the right of way.

Principle

Where an owner encourages a belief that a right will be granted, and the other party acts to his detriment, equity will give effect to the expectation in whatever way is just.

Why it matters

It is the modern estoppel case, and it shows the remedy can be the interest itself, not only damages.

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