Defying easy explanations—the case of Pennington v Waine 18 years on

Abstract

The case of Pennington v Waine has been subject to extensive scholarly attention. Many have sought to fit the case into established categories, such as proprietary estoppel or the rule in Re Rose. This article will argue that the case cannot be explained with these easy explanations. Instead it marks a radical shift in the law and is indicative of an equity that is “on the move”.