Moore v Moore & Anor

Moore v Moore & Anor

Proprietary estoppel was established by clear assurances and detrimental reliance; however, the judge erred in satisfying the equity by immediate transfer and minimal provision for Pamela Moore. A clean break solution with a lump sum for Pamela, reflecting her reasonable expectations and needs, is required. The case is remitted for further hearing on satisfaction of the equity, with guidance for generous provision and consideration of tax consequences.

Parties
Appellant: Roger Moore; Litigation Friend for Appellant: Pamela Moore; Respondent: Stephen Moore; Respondent: Till Valley Contracting Ltd
Jurisdiction
England and Wales
Judgment Date
27 November 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; remitted for further hearing on satisfaction of equity.
Legal Topics
Proprietary Estoppel, Partnership Dissolution, Inheritance, Testamentary Intentions, Clean Break Orders
Equity Property Law Family Law Proprietary Estoppel Partnership Dissolution Inheritance Testamentary Intentions Clean Break Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Roger Moore

Appellant

Pamela Moore

Litigation Friend for Appellant

Stephen Moore

Respondent

Till Valley Contracting Ltd

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether proprietary estoppel was established by promises made to Stephen Moore regarding inheritance of Roger Moore's share in the farm and partnership
  2. 2 Whether Stephen Moore suffered detriment and relied on assurances
  3. 3 How the equity arising from proprietary estoppel should be satisfied, particularly in light of family breakdown and acceleration of inheritance

Ratio Decidendi

Proprietary estoppel was established by clear assurances and detrimental reliance; however, the judge erred in satisfying the equity by immediate transfer and minimal provision for Pamela Moore. A clean break solution with a lump sum for Pamela, reflecting her reasonable expectations and needs, is required. The case is remitted for further hearing on satisfaction of the equity, with guidance for generous provision and consideration of tax consequences.

Court Disposition

Appeal allowed in part; remitted for further hearing on satisfaction of equity.

Orders

  • Roger's share in the farm and partnership assets to be transferred to Stephen Moore, subject to clean break provision for Pamela Moore.
  • Pamela Moore to receive a lump sum between £1 million and £2 million for rehousing and reasonable income, with Stephen to bear tax liabilities arising from transfer.