Moore v Moore

Moore v Moore

Stephen established that clear promises were made by Roger that he would inherit Roger's share of the farm and assets; Stephen relied on those promises to his detriment by dedicating his life and labour to the farm; it would be unconscionable for Roger to resile from those promises; Stephen is entitled to an equitable interest in Roger's share of the farm, partnership, and related assets, subject to provision for Roger and Pamela during their lifetimes.

Parties
Claimant/part 20 Defendant: Roger Moore; First Defendant/part 20 Claimant: Stephen Moore; Second Defendant: Till Valley Contracting Limited
Jurisdiction
England and Wales
Judgment Date
19 August 2016
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for Stephen Moore on proprietary estoppel claim; partnership to be dissolved due to Roger's lack of capacity, not for alleged misconduct.
Legal Topics
Proprietary Estoppel, Partnership Dissolution, Inheritance, Testamentary Intention
Equity Property Partnership Proprietary Estoppel Partnership Dissolution Inheritance Testamentary Intention

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Parties

Roger Moore

Claimant/part 20 Defendant

Stephen Moore

First Defendant/part 20 Claimant

Till Valley Contracting Limited

Second Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether promises were made by Roger to Stephen regarding inheritance of the farm and assets
  2. 2 Whether Stephen relied on those promises to his detriment
  3. 3 Whether it would be unconscionable for Roger to resile from those promises

Ratio Decidendi

Stephen established that clear promises were made by Roger that he would inherit Roger's share of the farm and assets; Stephen relied on those promises to his detriment by dedicating his life and labour to the farm; it would be unconscionable for Roger to resile from those promises; Stephen is entitled to an equitable interest in Roger's share of the farm, partnership, and related assets, subject to provision for Roger and Pamela during their lifetimes.

Court Disposition

Judgment for Stephen Moore on proprietary estoppel claim; partnership to be dissolved due to Roger's lack of capacity, not for alleged misconduct.

Orders

  • Declaration that Stephen Moore has an equitable interest in Roger Moore's share of the farm, partnership, and related assets, subject to provision for Roger and Pamela during their lifetimes.
  • Partnership to be dissolved on grounds of Roger's incapacity.