Century SA (UK) Ltd. v Clibbery & Anor

Century SA (UK) Ltd. v Clibbery & Anor

There is an arguable case for proprietary estoppel based on Mrs Clibbery's reliance on assurances by Mr Allan and her conduct; the matter should proceed to full trial to determine the facts. The title point is resolved against the defendants, as Mr Allan acted as agent for the company.

Parties
Claimant/respondent: Century SA (UK) Limited; Defendant/appellant: Glory Clibbery; Defendant/appellant: Marguerite Clibbery
Jurisdiction
England and Wales
Judgment Date
17 July 2003
Procedural Posture
Civil Appeal / Appeal From Summary Judgment to Court of Appeal
Outcome
Appeal allowed; summary judgment set aside; case to proceed to trial.
Legal Topics
Proprietary Estoppel, Constructive Trust, Summary Judgment, Licence to Occupy
Property Law Equity Proprietary Estoppel Constructive Trust Summary Judgment Licence to Occupy

Case Brief

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 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Century SA (UK) Limited

Claimant/respondent

Glory Clibbery

Defendant/appellant

Marguerite Clibbery

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment to Court of Appeal

Legal Issues

  1. 1 Whether Mrs Clibbery has a right to occupy The Gables based on proprietary estoppel
  2. 2 Whether the conduct of Mrs Clibbery constituted sufficient detriment for proprietary estoppel
  3. 3 Whether the claim should proceed to full trial or be disposed of summarily

Ratio Decidendi

There is an arguable case for proprietary estoppel based on Mrs Clibbery's reliance on assurances by Mr Allan and her conduct; the matter should proceed to full trial to determine the facts. The title point is resolved against the defendants, as Mr Allan acted as agent for the company.

Court Disposition

Appeal allowed; summary judgment set aside; case to proceed to trial.

Orders

  • Appeal allowed
  • Judgment of deputy judge set aside