Bradbury & Ors v Taylor & Anor

Bradbury & Ors v Taylor & Anor

The judge was entitled to find, on the evidence, that Bill made representations to Roger and Denise that he would leave them the property if they moved to Lower Manaton and contributed as agreed; the move and subsequent contributions amounted to detrimental reliance; the remedy of awarding the whole property, subject to inheritance tax, was not disproportionate given the quasi-bargain and the equities of the case.

Parties
Claimant/appellant: Garielle Bradbury; Claimant/appellant: Peter George Lockwood Bradbury; Claimant/appellant: Colin Joseph Hunter; Defendant/respondent: Roger Taylor; Defendant/respondent: Denise Burkinshaw
Jurisdiction
England and Wales
Judgment Date
04 October 2012
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Proprietary Estoppel, Trusts, Inheritance, Remedies in Equity
Equity Property Law Proprietary Estoppel Trusts Inheritance Remedies in Equity

Case Brief

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Parties

Garielle Bradbury

Claimant/appellant

Peter George Lockwood Bradbury

Claimant/appellant

Colin Joseph Hunter

Claimant/appellant

Roger Taylor

Defendant/respondent

Denise Burkinshaw

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in finding representations sufficient to found proprietary estoppel
  2. 2 Whether there was detrimental reliance by the respondents
  3. 3 Whether the remedy of awarding the whole property was disproportionate

Ratio Decidendi

The judge was entitled to find, on the evidence, that Bill made representations to Roger and Denise that he would leave them the property if they moved to Lower Manaton and contributed as agreed; the move and subsequent contributions amounted to detrimental reliance; the remedy of awarding the whole property, subject to inheritance tax, was not disproportionate given the quasi-bargain and the equities of the case.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the order of the county court stands; the property is held on trust for the respondents subject to their bearing the inheritance tax attributable to it.