Stallion v Albert Stallion Holdings (Great Britain) Ltd & Anor

Stallion v Albert Stallion Holdings (Great Britain) Ltd & Anor

The only clear and relied-upon representation was the 29 June 1994 Agreement, granting Porntip Stallion a right to reside at 75 The Cut, Waterloo, rent free for life, but not exclusive possession. She suffered detriment by foregoing ancillary relief in reliance on this promise. It would be unconscionable to deny her this right, but the equity is satisfied by allowing her to remain until the circumstances in clause 3 of the agreement arise (i.e., sale or vacation of the property), at which point she is entitled to £55,000. No order for possession or mesne profits is appropriate until then.

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
Civil / Judgment After Trial
Outcome
Claim partly allowed; declaration granted as to right to reside for life under 29 June 1994 Agreement; no order for possession or mesne profits at this stage.
Legal Topics
Proprietary Estoppel, Constructive Trusts, Divorce Settlement, Ancillary Relief, Possession of Property
Property Law Equity Proprietary Estoppel Constructive Trusts Divorce Settlement Ancillary Relief Possession of Property

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Parties

Porntip Stallion

Claimant

Albert Stallion Holdings (Great Britain) Limited

First Defendant

Lilibeth Stallion

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Porntip Stallion is entitled to a life interest or exclusive right to occupy 75 The Cut, Waterloo, London, based on proprietary estoppel or constructive trust.
  2. 2 Whether the representations made to Porntip were sufficient to found a proprietary estoppel and if so, what relief should be granted.
  3. 3 Whether the equity arising from the representations has been satisfied or remains to be enforced.

Ratio Decidendi

The only clear and relied-upon representation was the 29 June 1994 Agreement, granting Porntip Stallion a right to reside at 75 The Cut, Waterloo, rent free for life, but not exclusive possession. She suffered detriment by foregoing ancillary relief in reliance on this promise. It would be unconscionable to deny her this right, but the equity is satisfied by allowing her to remain until the circumstances in clause 3 of the agreement arise (i.e., sale or vacation of the property), at which point she is entitled to £55,000. No order for possession or mesne profits is appropriate until then.

Court Disposition

Claim partly allowed; declaration granted as to right to reside for life under 29 June 1994 Agreement; no order for possession or mesne profits at this stage.

Orders

  • Declaration that Porntip Stallion is entitled to reside at 75 The Cut, Waterloo, London, rent free for life, subject to clause 3 of the 29 June 1994 Agreement.
  • No order for possession or mesne profits unless and until the circumstances in clause 3 arise.