Bradbury & Ors v Taylor & Anor [2012] EWCA Civ 1208 (04 October 2012)

Bradbury & Ors v Taylor & Anor [2012] EWCA Civ 1208 (04 October 2012)

The judge was entitled to find that Bill made representations to Roger and Denise that he would leave Lower Manaton to them if they moved and fulfilled certain conditions; detrimental reliance was established through their move, contributions, and improvements; awarding the whole property, subject to inheritance tax, was not disproportionate and was within the judge's discretion.

Citation
[2012] EWCA Civ 1208
Parties
Claimant Appellant: Garielle Bradbury; Claimant Appellant: Peter George Lockwood Bradbury; Claimant Appellant: Colin Joseph Hunter; Defendant Respondent: Roger Taylor; Defendant Respondent: Denise Burkinshaw
Jurisdiction
England and Wales
Judgment Date
04 October 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Proprietary Estoppel, Remedies, Inheritance, Trusts
Property Law Equity Proprietary Estoppel Remedies Inheritance Trusts

Case Brief

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Parties

Garielle Bradbury

Claimant Appellant

Peter George Lockwood Bradbury

Claimant Appellant

Colin Joseph Hunter

Claimant Appellant

Roger Taylor

Defendant Respondent

Denise Burkinshaw

Defendant Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether proprietary estoppel entitles respondents to Lower Manaton property
  2. 2 Whether representations and detrimental reliance were established
  3. 3 Appropriate remedy for proprietary estoppel

Ratio Decidendi

The judge was entitled to find that Bill made representations to Roger and Denise that he would leave Lower Manaton to them if they moved and fulfilled certain conditions; detrimental reliance was established through their move, contributions, and improvements; awarding the whole property, subject to inheritance tax, was not disproportionate and was within the judge's discretion.

Court Disposition

appeal dismissed

Orders

  • Respondents entitled to Lower Manaton property absolutely, subject to bearing inheritance tax attributable to it.