Wilson v Wilson & Anor [2023] EW Misc 5 (CC) (30 June 2023)

Wilson v Wilson & Anor [2023] EW Misc 5 (CC) (30 June 2023)

The claimant remained in occupation at all relevant times and was unlawfully deprived of occupation by the defendants, entitling her to statutory damages. She also relied to her detriment on the defendants' promise of rent-free occupation for life, justifying relief by proprietary estoppel. Double recovery does not...

Source-derived case information.

Citation
[2023] EW Misc 5 (CC)
Parties
Claimant: Rosalind Helena Vera Wilson; First Defendant: Curtis Carl Andrell Wilson; Second Defendant: Tracey Jane Wilson
Jurisdiction
England and Wales
Judgment Date
30 June 2023
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Unlawful Eviction, Proprietary Estoppel, Damages, Statutory Damages, Promise and Reliance
Property Law Landlord and Tenant Equity Unlawful Eviction Proprietary Estoppel Damages Statutory Damages Promise and Reliance

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Parties

Rosalind Helena Vera Wilson

Claimant

Curtis Carl Andrell Wilson

First Defendant

Tracey Jane Wilson

Second Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant was unlawfully deprived of occupation under section 27 of the Housing Act 1988
  2. 2 Whether the claimant is entitled to relief by proprietary estoppel
  3. 3 Assessment of damages under statutory and equitable principles

Ratio Decidendi

The claimant remained in occupation at all relevant times and was unlawfully deprived of occupation by the defendants, entitling her to statutory damages. She also relied to her detriment on the defendants' promise of rent-free occupation for life, justifying relief by proprietary estoppel. Double recovery does not arise as the estoppel remedy is not compensatory damages.

Court Disposition

Judgment for the claimant

Orders

  • Defendants to pay claimant £148,000 as statutory damages under the Housing Act 1988
  • Defendants to pay claimant £73,000 as equitable relief for proprietary estoppel