Jamie Taylor & Anor v Nicholas Crabb & Anor

Jamie Taylor & Anor v Nicholas Crabb & Anor

The court found that the express declaration of trust in the TR1 form was conclusive and had not been varied or superseded by proprietary estoppel. The evidence of a clear, unambiguous promise and detrimental reliance by Mrs Crabb was insufficient. The interests of the judgment creditors (the Applicants) must be considered and prevail. Accordingly, the interim charging order was made final and Mrs Crabb’s ToLATA claim was dismissed.

Parties
Applicant / Joint Liquidator / Defendant (3rd Set): Jamie Taylor; Applicant / Joint Liquidator / Defendant (3rd Set): Dominik Theil-Czerwinke; Respondent / Defendant / Claimant (3rd Set): Nicholas Crabb; Respondent / Claimant / Defendant (3rd Set): Catherine Crabb
Jurisdiction
England and Wales
Judgment Date
26 January 2026
Procedural Posture
Insolvency / Charging Order / to LATA Claim / Final Judgment After Contested Hearing on Charging Order and Proprietary Estoppel Claim
Outcome
Final charging order granted; ToLATA claim dismissed.
Legal Topics
Charging Orders, Proprietary Estoppel, Trusts of Land, Beneficial Ownership, Fraudulent Trading
Insolvency Law Property Law Equity Charging Orders Proprietary Estoppel Trusts of Land Beneficial Ownership Fraudulent Trading

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Parties

Jamie Taylor

Applicant / Joint Liquidator / Defendant (3rd Set)

Dominik Theil-Czerwinke

Applicant / Joint Liquidator / Defendant (3rd Set)

Nicholas Crabb

Respondent / Defendant / Claimant (3rd Set)

Catherine Crabb

Respondent / Claimant / Defendant (3rd Set)

Procedural Posture

Insolvency / Charging Order / to LATA Claim / Final Judgment After Contested Hearing on Charging Order and Proprietary Estoppel Claim

Legal Issues

  1. 1 Whether a final charging order should be granted over the property at 16 Leamington Road, Southend-on-Sea, Essex, SS1 2SN in favour of the joint liquidators of Courtside Recycling Limited against Mr Crabb's beneficial interest.
  2. 2 Whether Mrs Crabb is entitled to a declaration of sole beneficial ownership of the property by reason of proprietary estoppel, varying or superseding the express declaration of trust.

Ratio Decidendi

The court found that the express declaration of trust in the TR1 form was conclusive and had not been varied or superseded by proprietary estoppel. The evidence of a clear, unambiguous promise and detrimental reliance by Mrs Crabb was insufficient. The interests of the judgment creditors (the Applicants) must be considered and prevail. Accordingly, the interim charging order was made final and Mrs Crabb’s ToLATA claim was dismissed.

Court Disposition

Final charging order granted; ToLATA claim dismissed.

Orders

  • Final charging order over Mr Crabb’s beneficial interest in 16 Leamington Road, Southend-on-Sea, Essex, SS1 2SN.
  • Dismissal of Mrs Crabb’s ToLATA claim for sole beneficial ownership by proprietary estoppel.