Century SA (UK) Ltd. v Clibbery & Anor [2003] EWCA Civ 1374 (17 July 2003)

Century SA (UK) Ltd. v Clibbery & Anor [2003] EWCA Civ 1374 (17 July 2003)

The appeal is allowed because there is an arguable case for proprietary estoppel based on the alleged assurance and detriment, and the matter should proceed to a full trial to determine the facts. The title point is resolved in favour of the company, as Mr Allan acted as its agent.

Citation
[2003] EWCA Civ 1374
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 in Chancery Division
Outcome
Appeal allowed
Legal Topics
Proprietary Estoppel, Constructive Trust, Licence to Occupy, Summary Judgment, Agency
Property Law Equity Proprietary Estoppel Constructive Trust Licence to Occupy Summary Judgment Agency

Case Brief

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Parties

Century SA (UK) Limited

Claimant/respondent

Glory Clibbery

Defendant/appellant

Marguerite Clibbery

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment in Chancery Division

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 to support proprietary estoppel
  3. 3 Whether the claim should proceed to full trial or be disposed of summarily

Ratio Decidendi

The appeal is allowed because there is an arguable case for proprietary estoppel based on the alleged assurance and detriment, and the matter should proceed to a full trial to determine the facts. The title point is resolved in favour of the company, as Mr Allan acted as its agent.

Court Disposition

Appeal allowed

Orders

  • Set aside the judgment of the deputy judge
  • Direct that the matter proceeds to trial