David William Dixon & Anor. v The Crown Estate Commissioners

David William Dixon & Anor. v The Crown Estate Commissioners

The claimants established proprietary estoppel, creating an equitable interest at the time of company dissolution, entitling them to vesting orders under s. 44(ii)(c) Trustee Act 1925; alternatively, s. 181 Law of Property Act 1925 applies. The Crown Estate Commissioners, as successors, take subject to this...

Source-derived case information.

Parties
Claimant: David William Dixon; Claimant: Keith Leslie Dixon; Defendant: The Crown Estate Commissioners
Jurisdiction
England and Wales
Judgment Date
22 December 2022
Procedural Posture
Part 8 Claim / Final Judgment
Outcome
Claim upheld; vesting orders granted.
Legal Topics
Striking Off and Dissolution, Bona Vacantia, Crown Disclaimer, Escheat, Vesting Orders, Proprietary Estoppel
Property Law Equity Company Law Striking Off and Dissolution Bona Vacantia Crown Disclaimer Escheat Vesting Orders +1 more

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Parties

David William Dixon

Claimant

Keith Leslie Dixon

Claimant

The Crown Estate Commissioners

Defendant

Procedural Posture

Part 8 Claim / Final Judgment

Legal Issues

  1. 1 Whether former directors and shareholders are entitled to vesting orders for properties vested in the Crown as bona vacantia and subsequently disclaimed and escheated
  2. 2 Whether the Crown takes subject to equitable interest by proprietary estoppel

Ratio Decidendi

The claimants established proprietary estoppel, creating an equitable interest at the time of company dissolution, entitling them to vesting orders under s. 44(ii)(c) Trustee Act 1925; alternatively, s. 181 Law of Property Act 1925 applies. The Crown Estate Commissioners, as successors, take subject to this equitable interest.

Court Disposition

Claim upheld; vesting orders granted.

Orders

  • Legal and beneficial interest in 6 Rodham Terrace vested in David William Dixon.
  • Legal and beneficial interest in 25 Little Corby Road vested in Keith Leslie Dixon.