Rupert Jolyon Richard St. John Webster v (1) Alison Virginia Ashcroft (2) John Francis Penley (3) Jennifer St. John Webster (4) Ian Rory St. John Webster and (5) Antonia Mary Sloane

Rupert Jolyon Richard St. John Webster v (1) Alison Virginia Ashcroft (2) John Francis Penley (3) Jennifer St. John Webster (4) Ian Rory St. John Webster and (5) Antonia Mary Sloane

Rupert has no locus standi to pursue the proprietary estoppel claim at present because the equity is vested in the Official Receiver as Valentine’s trustee in bankruptcy, and his mother does not wish to pursue her claim. The claim is therefore dismissed on this ground alone.

Parties
Claimant: Rupert Jolyon Richard St. John Webster; 1st Defendant: Alison Virginia Ashcroft; 2nd Defendant: John Francis Penley; 3rd Defendant: Jennifer St. John Webster; 4th Defendant: Ian Rory St. John Webster; 5th Defendant: Antonia Mary Sloane
Jurisdiction
England and Wales
Judgment Date
20 December 2011
Procedural Posture
Contentious Probate and Proprietary Estoppel Claim / Application for Summary Judgment by 1st and 2nd Defendants
Outcome
Summary judgment granted for the defendants on the proprietary estoppel claim due to lack of locus standi.
Legal Topics
Contentious Probate, Proprietary Estoppel, Constructive Trust, Locus Standi, Bankruptcy Vesting, Summary Judgment
Succession Trusts and Equity Bankruptcy Contentious Probate Proprietary Estoppel Constructive Trust Locus Standi Bankruptcy Vesting +1 more

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Parties

Rupert Jolyon Richard St. John Webster

Claimant

Alison Virginia Ashcroft

1st Defendant

John Francis Penley

2nd Defendant

Jennifer St. John Webster

3rd Defendant

Ian Rory St. John Webster

4th Defendant

Antonia Mary Sloane

5th Defendant

Procedural Posture

Contentious Probate and Proprietary Estoppel Claim / Application for Summary Judgment by 1st and 2nd Defendants

Legal Issues

  1. 1 Whether the claimant has locus standi to pursue the proprietary estoppel/constructive trust claim
  2. 2 Whether the claim is vested in the Official Receiver as trustee in bankruptcy
  3. 3 Whether the claim has any real prospect of success on the facts

Ratio Decidendi

Rupert has no locus standi to pursue the proprietary estoppel claim at present because the equity is vested in the Official Receiver as Valentine’s trustee in bankruptcy, and his mother does not wish to pursue her claim. The claim is therefore dismissed on this ground alone.

Court Disposition

Summary judgment granted for the defendants on the proprietary estoppel claim due to lack of locus standi.

Orders

  • Proprietary estoppel claim dismissed as Rupert has no locus standi at present.
  • Rupert appointed as personal representative of Valentine’s estate in separate proceedings.