Stallion v Albert Stallion Holdings (Great Britain) Ltd & Anor [2009] EWHC 1950 (Ch) (29 July 2009)

Stallion v Albert Stallion Holdings (Great Britain) Ltd & Anor [2009] EWHC 1950 (Ch) (29 July 2009)

Porntip Stallion is not entitled to exclusive occupation or a life interest in all but the ground floor of 75 The Cut. The evidence does not establish a sufficiently clear and unequivocal assurance of exclusive possession. The equity arising from proprietary estoppel is satisfied by payment of £55,000 as per the 29 June Agreement. ASH is entitled to possession and Porntip's interest is limited to the sum specified.

Citation
[2009] EWHC 1950 (Ch)
Parties
Claimant: Porntip Stallion; First Defendant: Albert Stallion Holdings (Great Britain) Limited; Second Defendant: Lilibeth Stallion
Jurisdiction
England and Wales
Judgment Date
29 July 2009
Procedural Posture
Chancery Division High Court Claim / Final Judgment
Outcome
Claim dismissed; counterclaim allowed.
Legal Topics
Proprietary Estoppel, Constructive Trust, Divorce Settlement, Life Interest, Possession, Trespass
Property Law Equity Proprietary Estoppel Constructive Trust Divorce Settlement Life Interest Possession Trespass

Case Brief

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Parties

Porntip Stallion

Claimant

Albert Stallion Holdings (Great Britain) Limited

First Defendant

Lilibeth Stallion

Second Defendant

Procedural Posture

Chancery Division High Court Claim / Final Judgment

Legal Issues

  1. 1 Whether Porntip Stallion is entitled to a life interest or exclusive occupation of 75 The Cut under proprietary estoppel
  2. 2 Whether the promise made by Albert Stallion and subsequent conduct created an enforceable equitable interest
  3. 3 Whether ASH's conscience is affected and if any equity has arisen, how it should be satisfied

Ratio Decidendi

Porntip Stallion is not entitled to exclusive occupation or a life interest in all but the ground floor of 75 The Cut. The evidence does not establish a sufficiently clear and unequivocal assurance of exclusive possession. The equity arising from proprietary estoppel is satisfied by payment of £55,000 as per the 29 June Agreement. ASH is entitled to possession and Porntip's interest is limited to the sum specified.

Court Disposition

Claim dismissed; counterclaim allowed.

Orders

  • ASH to pay Porntip £55,000 in satisfaction of any equitable interest.
  • ASH granted possession of 75 The Cut.