Brightlingsea Haven Ltd & Anor v Morris & Ors

Brightlingsea Haven Ltd & Anor v Morris & Ors

Defendants purchased lodges in reliance on promises by park managers, creating an equity by estoppel and constructive trust entitling them to security of tenure and daytime occupation during closed periods, subject to statutory constraints. Section 2(1) of the 1989 Act does not bar relief due to the operation of constructive trust. However, the court's discretion as to the form of relief is reserved pending resolution of planning and site licence issues. The lodges are 'caravans' within the statutory definition.

Parties
Claimant: Brightlingsea Haven Limited; Claimant: Hammerton Leisure Limited; Defendant: Jacqueline Morris; Defendant: Stephen Foster; Defendant: Richard Clark
Jurisdiction
England and Wales
Judgment Date
30 October 2008
Procedural Posture
Civil / Judgment
Outcome
Declarations as to defendants' rights deferred; claims for damages for misrepresentation and harassment dismissed.
Legal Topics
Proprietary Estoppel, Constructive Trust, Site Licence Conditions, Security of Tenure, Misrepresentation, Harassment, Definition of Caravan
Property Law Equity Landlord and Tenant Planning Law Statutory Interpretation Proprietary Estoppel Constructive Trust Site Licence Conditions +4 more

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Parties

Brightlingsea Haven Limited

Claimant

Hammerton Leisure Limited

Claimant

Jacqueline Morris

Defendant

Stephen Foster

Defendant

Richard Clark

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether promises made to defendants by park managers create enforceable rights to leases or licences with security of tenure and daytime occupation during closed periods
  2. 2 Whether proprietary estoppel or constructive trust arises to defeat statutory requirements for written contracts
  3. 3 Whether occupation during closed periods breaches site licence and creates criminal liability

Ratio Decidendi

Defendants purchased lodges in reliance on promises by park managers, creating an equity by estoppel and constructive trust entitling them to security of tenure and daytime occupation during closed periods, subject to statutory constraints. Section 2(1) of the 1989 Act does not bar relief due to the operation of constructive trust. However, the court's discretion as to the form of relief is reserved pending resolution of planning and site licence issues. The lodges are 'caravans' within the statutory definition.

Court Disposition

Declarations as to defendants' rights deferred; claims for damages for misrepresentation and harassment dismissed.