Crabbe v Townsend [20161 EWHC 2450 (Ch) (07 October 2016)

Crabbe v Townsend [20161 EWHC 2450 (Ch) (07 October 2016)

The 2006 Letter was a binding contract between Fay and Lindsay, objectively evidenced by their conduct and signatures; estoppel by convention does not apply as there was no shared assumption or detriment; Fay is entitled to enforce the 2006 Letter and claim damages for Lindsay's breach, but must also comply with its terms herself.

Citation
[2014] EWHC 4205
Parties
Claimant: Fay Elizabeth Crabbe; Defendant: Edward Lindsay Townsend
Jurisdiction
England and Wales
Judgment Date
07 October 2016
Procedural Posture
Chancery Probate Dispute / Final Judgment After Trial
Outcome
Claimant succeeds; 2006 Letter is enforceable; damages to be assessed.
Legal Topics
Formation of Contract, Estoppel by Convention, Administration of Estates, Executor Duties, Deed of Variation
Contract Law Probate Estates Formation of Contract Estoppel by Convention Administration of Estates Executor Duties Deed of Variation

Case Brief

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Parties

Fay Elizabeth Crabbe

Claimant

Edward Lindsay Townsend

Defendant

Procedural Posture

Chancery Probate Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether the 2006 Letter constituted a binding and enforceable contract between the executors
  2. 2 Whether estoppel by convention prevents enforcement of the 2006 Letter
  3. 3 Whether the defendant breached executor duties regarding the share portfolio

Ratio Decidendi

The 2006 Letter was a binding contract between Fay and Lindsay, objectively evidenced by their conduct and signatures; estoppel by convention does not apply as there was no shared assumption or detriment; Fay is entitled to enforce the 2006 Letter and claim damages for Lindsay's breach, but must also comply with its terms herself.

Court Disposition

Claimant succeeds; 2006 Letter is enforceable; damages to be assessed.

Orders

  • The 2006 Letter is declared a binding and enforceable contract between the parties.
  • Fay is entitled to damages for Lindsay's breach of the 2006 Letter, subject to assessment.