Wormall v Wormall [2004] EWCA Civ 1643 (25 November 2004)

Wormall v Wormall [2004] EWCA Civ 1643 (25 November 2004)

The award of £50,000 compensation was wrong in principle because the equity arising from proprietary estoppel was fully satisfied by the declaration permitting Jill Wormall to remain in occupation until disposal of the farm; no further compensation was justified as the detriment was addressed by the declaration, and the earlier-than-expected relocation was not due to any assurance or representation by Robert Wormall.

Citation
[2004] EWCA Civ 1643
Parties
Claimant/appellant: Robert Wormall; Defendant/respondent: Jill Wormall
Jurisdiction
England and Wales
Judgment Date
25 November 2004
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal allowed; compensation award set aside; declaration to be modified to permit occupation until completion of disposal of the farm.
Legal Topics
Proprietary Estoppel, Compensation for Detriment, Equitable Relief, Family Property Disputes
Property Law Equity Proprietary Estoppel Compensation for Detriment Equitable Relief Family Property Disputes

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Parties

Robert Wormall

Claimant/appellant

Jill Wormall

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the award of £50,000 compensation to Jill Wormall for loss of business premises was justified under the doctrine of proprietary estoppel after a declaration entitling her to remain until disposal of the family farm.
  2. 2 Whether the equity arising from proprietary estoppel was fully satisfied by the declaration permitting continued occupation until disposal, or required additional financial compensation.

Ratio Decidendi

The award of £50,000 compensation was wrong in principle because the equity arising from proprietary estoppel was fully satisfied by the declaration permitting Jill Wormall to remain in occupation until disposal of the farm; no further compensation was justified as the detriment was addressed by the declaration, and the earlier-than-expected relocation was not due to any assurance or representation by Robert Wormall.

Court Disposition

Appeal allowed; compensation award set aside; declaration to be modified to permit occupation until completion of disposal of the farm.

Orders

  • Compensation award of £50,000 to Jill Wormall set aside.
  • Jill Wormall to remain in occupation for business purposes until completion of disposal of Ibstock Grange Farm.