Baker v Baker [1993] EWCA Civ 17 (19 February 1993)

Baker v Baker [1993] EWCA Civ 17 (19 February 1993)

The appropriate relief for proprietary estoppel is not necessarily repayment of the full sum contributed but compensation reflecting the value of the lost right of occupation, assessed as at the date the right was lost, taking into account the plaintiff's life expectancy and the nature of the accommodation promised. The value of alternative accommodation and public benefits may be considered at the stage of determining the minimum equity to do justice, but should not automatically reduce the award. The original award of £33,950 was excessive and wrong in principle; the case must be remitted for assessment of the proper sum.

Citation
[1993] EWCA Civ 17
Parties
Respondent (plaintiff): Edward Baker; Appellant (defendant): Alan Peter Baker (also known as Peter Alan Baker); Appellant (defendant): Julie Baker
Jurisdiction
England and Wales
Judgment Date
19 February 1993
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed; award below set aside; case remitted for assessment of compensation.
Legal Topics
Proprietary Estoppel, Equitable Compensation, Resulting Trusts, Remedies in Equity
Equity Property Law Proprietary Estoppel Equitable Compensation Resulting Trusts Remedies in Equity

Case Brief

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Parties

Edward Baker

Respondent (plaintiff)

Alan Peter Baker (also known as Peter Alan Baker)

Appellant (defendant)

Julie Baker

Appellant (defendant)

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 What is the appropriate measure of relief for a plaintiff who has established an equity by proprietary estoppel but cannot be restored to the promised accommodation?
  2. 2 Should the value of alternative accommodation provided by public authority and housing benefit be deducted from the compensation due?

Ratio Decidendi

The appropriate relief for proprietary estoppel is not necessarily repayment of the full sum contributed but compensation reflecting the value of the lost right of occupation, assessed as at the date the right was lost, taking into account the plaintiff's life expectancy and the nature of the accommodation promised. The value of alternative accommodation and public benefits may be considered at the stage of determining the minimum equity to do justice, but should not automatically reduce the award. The original award of £33,950 was excessive and wrong in principle; the case must be remitted for assessment of the proper sum.

Court Disposition

Appeal allowed; award below set aside; case remitted for assessment of compensation.

Orders

  • Order of High Court set aside.
  • Inquiry directed to determine amount of compensation due to plaintiff for loss of occupation rights as of 13 June 1988.