Howell v Hayward & Anor

Howell v Hayward & Anor

The parties never reached a binding agreement or understanding sufficient to found a claim in proprietary estoppel; the judge's conduct, while not ideal, did not amount to a serious procedural irregularity depriving the applicant of a fair trial; there is no real prospect of success on appeal.

Parties
Applicant: Howell; Respondents: Hayward & Anr
Jurisdiction
England and Wales
Judgment Date
18 April 2018
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Proprietary Estoppel, Contract Formation, Procedural Fairness
Property Law Equity Proprietary Estoppel Contract Formation Procedural Fairness

Case Brief

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Parties

Howell

Applicant

Hayward & Anr

Respondents

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether there was a serious procedural irregularity in the conduct of the trial
  2. 2 Whether the parties reached a binding agreement giving rise to proprietary estoppel
  3. 3 Whether the trial judge's findings of fact were plainly wrong

Ratio Decidendi

The parties never reached a binding agreement or understanding sufficient to found a claim in proprietary estoppel; the judge's conduct, while not ideal, did not amount to a serious procedural irregularity depriving the applicant of a fair trial; there is no real prospect of success on appeal.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed with costs in the sum of £1,750 plus VAT.