Mate v Mate & Ors [2023] EWHC 238 (Ch) (10 February 2023)

Mate v Mate & Ors [2023] EWHC 238 (Ch) (10 February 2023)

Shirley made sufficiently clear promises to Julie regarding sharing proceeds of sale of Netherton Moor land; Julie relied on these promises to her detriment by undertaking substantial planning work; Andrew and Robert acquiesced in Shirley's promises and benefited from Julie's services; proprietary estoppel arises...

Source-derived case information.

Citation
[2023] EWHC 238 (Ch)
Parties
Claimant: Julie Mate; First Defendant: Shirley Claire Mate; Second Defendant: Andrew David Mate; Third Defendant: Robert Christopher Mate
Jurisdiction
England and Wales
Judgment Date
10 February 2023
Procedural Posture
Property, Trusts and Probate / High Court Trial Judgment
Outcome
Claim allowed
Legal Topics
Proprietary Estoppel, Unjust Enrichment, Family Farming Partnership, Planning Permission, Quantum Meruit
Equity Property Law Trusts Restitution Proprietary Estoppel Unjust Enrichment Family Farming Partnership Planning Permission +1 more

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Parties

Julie Mate

Claimant

Shirley Claire Mate

First Defendant

Andrew David Mate

Second Defendant

Robert Christopher Mate

Third Defendant

Procedural Posture

Property, Trusts and Probate / High Court Trial Judgment

Legal Issues

  1. 1 Whether proprietary estoppel arises from promises regarding proceeds of sale of farmland
  2. 2 Whether defendants are estopped from denying claimant's share
  3. 3 Whether unjust enrichment occurred through claimant's services

Ratio Decidendi

Shirley made sufficiently clear promises to Julie regarding sharing proceeds of sale of Netherton Moor land; Julie relied on these promises to her detriment by undertaking substantial planning work; Andrew and Robert acquiesced in Shirley's promises and benefited from Julie's services; proprietary estoppel arises and equity should be satisfied by holding Shirley, Andrew, and Robert to the promise; alternatively, unjust enrichment is established and claimant is entitled to objective market value of her services, valued on a commission basis by reference to uplift in land value.

Court Disposition

Claim allowed

Orders

  • Defendants to pay claimant a share of proceeds of sale of Netherton Moor land or equivalent compensation reflecting objective market value of services, valued on commission basis