Estoppel: adopting constructive trust to remedy an unhonoured promise

Abstract This article examines the scope for England’s recognition of remedial constructive trusts (RCTs) after reviewing the respective legal positions across common law jurisdictions. Having regard to relevant doctrines, jurisprudence and policy concerns, this article proposes estoppel with the following elements as the proper basis for recognising RCTs under English law: (i) a clear and unequivocal assurance by the promisor, (ii) detrimental reliance by the promisee, (iii) justice in all circumstances, and (iv) an appropriate apportionment by the Court. It further suggests that legislative intervention and proper judicial assessment are appropriate solutions to the general concerns about RCT in insolvency contexts.