Lloyds TSB Bank Plc v Crowborough Properties Ltd & Ors

Lloyds TSB Bank Plc v Crowborough Properties Ltd & Ors

Exceptional circumstances justified allowing the amendment post-judgment because the estoppel by convention claim aligned with the facts found, the defendants were not prejudiced, and the bank relied to its detriment on a common assumption communicated throughout negotiations.

Parties
Claimant: Lloyds TSB Bank PLC; Defendant: Crowborough Properties Limited; Defendant: Sanjiv Kaushal; Defendant: Deepak Kaushal; Defendant: Mark Stupples; Defendant: Robert Baldwin
Jurisdiction
England and Wales
Judgment Date
23 July 2012
Procedural Posture
Civil / Post Judgment Application for Amendment
Outcome
Amendment allowed; estoppel by convention established; declaration granted.
Legal Topics
Rectification, Estoppel by Convention, Proprietary Estoppel, Amendment of Pleadings
Property Law Civil Procedure Rectification Estoppel by Convention Proprietary Estoppel Amendment of Pleadings

Case Brief

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Parties

Lloyds TSB Bank PLC

Claimant

Crowborough Properties Limited

Defendant

Sanjiv Kaushal

Defendant

Deepak Kaushal

Defendant

Mark Stupples

Defendant

Robert Baldwin

Defendant

Procedural Posture

Civil / Post Judgment Application for Amendment

Legal Issues

  1. 1 Whether the claimant can amend pleadings post-judgment to plead estoppel by convention
  2. 2 Whether estoppel by convention applies based on the facts found
  3. 3 Whether proprietary estoppel arises from the bank's reliance on a common assumption

Ratio Decidendi

Exceptional circumstances justified allowing the amendment post-judgment because the estoppel by convention claim aligned with the facts found, the defendants were not prejudiced, and the bank relied to its detriment on a common assumption communicated throughout negotiations.

Court Disposition

Amendment allowed; estoppel by convention established; declaration granted.

Orders

  • The properties in question are to be treated as standing charged to secure the total indebtedness of the bank in respect of the judgment sum and any interest accrued since that date.