Wilkie v Redsell [2003] EWCA Civ 926 (12 June 2003)

Wilkie v Redsell [2003] EWCA Civ 926 (12 June 2003)

The appellant was not entitled to specific performance or a proprietary interest because he was neither ready, willing, nor able to pay the purchase price, and his conduct disentitled him to equitable relief. The court also declined to grant a licence or other equitable remedy as it would not be equitable or workable in the circumstances.

Citation
[2003] EWCA Civ 926
Parties
Claimant/respondent: Alfred Lewis Wilkie; Defendant/appellant: Stephen Peter Redsell
Jurisdiction
England and Wales
Judgment Date
12 June 2003
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Trusts, Clean Hands Doctrine, Proprietary Interest, Equitable Remedies, Possession of Land
Property Law Equity Specific Performance Trusts Clean Hands Doctrine Proprietary Interest Equitable Remedies Possession of Land

Case Brief

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Parties

Alfred Lewis Wilkie

Claimant/respondent

Stephen Peter Redsell

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to specific performance or a proprietary interest in the land under an oral agreement
  2. 2 Whether the appellant is entitled to equitable relief given his conduct and inability to pay the purchase price
  3. 3 Whether a licence or other equitable remedy should be granted for the appellant's occupation of the land

Ratio Decidendi

The appellant was not entitled to specific performance or a proprietary interest because he was neither ready, willing, nor able to pay the purchase price, and his conduct disentitled him to equitable relief. The court also declined to grant a licence or other equitable remedy as it would not be equitable or workable in the circumstances.

Court Disposition

Appeal dismissed

Orders

  • Possession of the land granted to the claimant six weeks from the date of judgment
  • Appellant to pay costs, amount to be determined by the Costs Judge within three months