Angela Mary Heyes & Anor v Sarah Holt

Angela Mary Heyes & Anor v Sarah Holt

The claimants' proprietary estoppel claim, though weak, has a real prospect of success and should proceed to trial. However, the claimants must provide security by way of charges over their assets or payment into court as a condition for proceeding. An interim injunction restraining trespass is granted as the defendant is the legal owner and there is no arguable defence. Further directions for disclosure and mediation are ordered.

Parties
Claimant/respondent: Angela Mary Heyes; Claimant/respondent: Neil Heyes; Defendant/applicant: Sarah Holt
Jurisdiction
England and Wales
Judgment Date
26 November 2024
Procedural Posture
Civil Property, Trusts and Probate / Application for Reverse Summary Judgment; Interim Applications
Outcome
Application for summary judgment dismissed; conditional order for security imposed; interim injunction granted; directions for disclosure and mediation ordered.
Legal Topics
Proprietary Estoppel, Summary Judgment, Conditional Orders, Interim Injunctions, Disclosure
Property Law Equity and Trusts Civil Procedure Proprietary Estoppel Summary Judgment Conditional Orders Interim Injunctions Disclosure

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 5 Authorities cited 20 Party arguments 2 Amounts and remedies 14
Sign in to unlock

Parties

Angela Mary Heyes

Claimant/respondent

Neil Heyes

Claimant/respondent

Sarah Holt

Defendant/applicant

Procedural Posture

Civil Property, Trusts and Probate / Application for Reverse Summary Judgment; Interim Applications

Legal Issues

  1. 1 Whether the claimants' proprietary estoppel claim has a real prospect of success and should proceed to trial
  2. 2 Whether a conditional order for security should be imposed on the claimants as a condition for proceeding
  3. 3 Whether an interim injunction restraining trespass should be granted against the claimants

Ratio Decidendi

The claimants' proprietary estoppel claim, though weak, has a real prospect of success and should proceed to trial. However, the claimants must provide security by way of charges over their assets or payment into court as a condition for proceeding. An interim injunction restraining trespass is granted as the defendant is the legal owner and there is no arguable defence. Further directions for disclosure and mediation are ordered.

Court Disposition

Application for summary judgment dismissed; conditional order for security imposed; interim injunction granted; directions for disclosure and mediation ordered.

Orders

  • Claimants to execute charges over specified assets or pay £331,230 into court within four weeks as security for costs, failing which the claim will be struck out.
  • Interim injunction granted restraining claimants and their animals from entering or remaining on defendant's land without permission.