Herbert v Doyle & Anor

Herbert v Doyle & Anor

Claimant relied to his detriment on agreement reached in April 2003, but is not entitled to transfer of green spaces unless he satisfies all other agreed terms, including completion of staff-room extension to specification, granting leases, providing adequate parking spaces, and installing electronic gates. Relief sought is refused as conditions are unmet.

Parties
Claimant: Julian Roger Herbert; Defendant: Leonard Doyle; Defendant: Xerxes Keke Talati
Jurisdiction
England and Wales
Judgment Date
04 August 2008
Procedural Posture
Civil / Judgment
Outcome
Claimant's claim refused; conditional declaration granted; damages awarded to defendants; injunction considered but not imposed.
Legal Topics
Proprietary Estoppel, Constructive Trusts, Land Transfer, Parking Rights, Trespass, Damages, Injunction
Property Law Equity Proprietary Estoppel Constructive Trusts Land Transfer Parking Rights Trespass Damages +1 more

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Parties

Julian Roger Herbert

Claimant

Leonard Doyle

Defendant

Xerxes Keke Talati

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether proprietary estoppel entitles claimant to transfer of parking spaces
  2. 2 Whether constructive trust arises from oral agreement
  3. 3 Whether claimant is entitled to relief for encroachment

Ratio Decidendi

Claimant relied to his detriment on agreement reached in April 2003, but is not entitled to transfer of green spaces unless he satisfies all other agreed terms, including completion of staff-room extension to specification, granting leases, providing adequate parking spaces, and installing electronic gates. Relief sought is refused as conditions are unmet.

Court Disposition

Claimant's claim refused; conditional declaration granted; damages awarded to defendants; injunction considered but not imposed.

Orders

  • Conditional declaration: claimant entitled to transfer of green spaces if all terms satisfied.
  • Damages of £5,145 awarded to defendants for encroachment.