Preedy & Anor v Dunne & Ors [2015] EWHC 2713 (Ch) (02 October 2015)

Preedy & Anor v Dunne & Ors [2015] EWHC 2713 (Ch) (02 October 2015)

Trustees cannot create proprietary estoppel binding on trust beneficiaries without their acquiescence; proprietary estoppel claim fails as only one trustee made representations and beneficiaries did not concur; no enforceable contractual licence was established; possession order granted to claimants.

Source-derived case information.

Citation
[2015] EWHC 2713 (Ch)
Parties
Claimant: Raymond William Preedy; Claimant: Philip Thomas Baker; Defendant: Jonathan Anthony Dunne; Defendant: Blue Mango investment Holdings Limited; Defendant: A3 Trading Limited (trading as Albert Arms Pub)
Jurisdiction
England and Wales
Judgment Date
02 October 2015
Procedural Posture
Possession Claim / Trial Judgment
Outcome
Claim for possession granted; proprietary estoppel and contractual licence claims dismissed.
Legal Topics
Proprietary Estoppel, Trustee Powers, Beneficiary Rights, Contractual Licence
Property Law Trusts and Equity Proprietary Estoppel Trustee Powers Beneficiary Rights Contractual Licence

Source-derived case record

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Parties

Raymond William Preedy

Claimant

Philip Thomas Baker

Claimant

Jonathan Anthony Dunne

Defendant

Blue Mango investment Holdings Limited

Defendant

A3 Trading Limited (trading as Albert Arms Pub)

Defendant

Procedural Posture

Possession Claim / Trial Judgment

Legal Issues

  1. 1 Whether proprietary estoppel can bind trust beneficiaries based on trustee representations
  2. 2 Whether a contractual licence to occupy the property exists
  3. 3 Whether trustees can bind beneficiaries by proprietary estoppel without their acquiescence

Ratio Decidendi

Trustees cannot create proprietary estoppel binding on trust beneficiaries without their acquiescence; proprietary estoppel claim fails as only one trustee made representations and beneficiaries did not concur; no enforceable contractual licence was established; possession order granted to claimants.

Court Disposition

Claim for possession granted; proprietary estoppel and contractual licence claims dismissed.

Orders

  • Defendants to deliver up possession of The Albert Arms Public House to Claimants.
  • No proprietary estoppel equity found in favour of Defendants.