Davies v Davies & Ors [2015] EWHC 1384 (Ch) (14 May 2015)

Davies v Davies & Ors [2015] EWHC 1384 (Ch) (14 May 2015)

The claimant established proprietary estoppel by proving clear assurances from his father, reliance to his detriment, and that it would be unconscionable to deny him the beneficial interest in the farm. The equity arising entitles him to the whole beneficial interest in the farm (excluding the bungalow), as this is...

Source-derived case information.

Citation
[2015] EWHC 1384 (Ch)
Parties
Claimant: Evan James Lloyd Davies; First Defendant: David John Lloyd Davies; Second Defendant: Thomas Peter Lloyd Davies; Third Defendant: Ellen Davies
Jurisdiction
England and Wales
Judgment Date
14 May 2015
Procedural Posture
Chancery Division Beneficial Ownership/proprietary Estoppel / Judgment After Trial
Outcome
Claim allowed in part; claimant entitled to the whole beneficial interest in the farm (excluding the bungalow) by proprietary estoppel.
Legal Topics
Proprietary Estoppel, Beneficial Ownership of Land, Family Farming Disputes, Testamentary Promises, Unconscionability
Equity Property Law Wills and Probate Proprietary Estoppel Beneficial Ownership of Land Family Farming Disputes Testamentary Promises Unconscionability

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Evan James Lloyd Davies

Claimant

David John Lloyd Davies

First Defendant

Thomas Peter Lloyd Davies

Second Defendant

Ellen Davies

Third Defendant

Procedural Posture

Chancery Division Beneficial Ownership/proprietary Estoppel / Judgment After Trial

Legal Issues

  1. 1 Whether proprietary estoppel arises in favour of the claimant regarding the beneficial ownership of the farm
  2. 2 Whether oral assurances and claimant's reliance/detriment make it unconscionable to deny him the farm
  3. 3 Whether the equity should extend to the bungalow as part of the farm

Ratio Decidendi

The claimant established proprietary estoppel by proving clear assurances from his father, reliance to his detriment, and that it would be unconscionable to deny him the beneficial interest in the farm. The equity arising entitles him to the whole beneficial interest in the farm (excluding the bungalow), as this is not out of proportion to his detriment and is required to do justice between the parties.

Court Disposition

Claim allowed in part; claimant entitled to the whole beneficial interest in the farm (excluding the bungalow) by proprietary estoppel.

Orders

  • Claimant to have the whole beneficial interest in the farm, excluding the bungalow.
  • Claimant to continue monthly payments to his mother for her life.