Vasami & Anor v Hack & Anor [2023] EWHC 2431 (Ch) (05 October 2023)

Vasami & Anor v Hack & Anor [2023] EWHC 2431 (Ch) (05 October 2023)

The court found no binding promise was made to the defendants that Glasfryn would be theirs after the claimants' days; any assurances were statements of present and revocable intention. There was no detrimental reliance sufficient to found proprietary estoppel, and it was not unconscionable for the claimants to seek...

Source-derived case information.

Citation
[2023] EWHC 2431 (Ch)
Parties
Claimant: Luigi Nicodemo Vasami; Claimant: Grazia Vasami; Defendant: Tony Hack; Defendant: Arlene Hack
Jurisdiction
England and Wales
Judgment Date
05 October 2023
Procedural Posture
Possession and Proprietary Estoppel Claim / First Instance Judgment
Outcome
Claim for possession of Glasfryn succeeds; claims for arrears of rent and return of the herd or damages fail; counterclaim for proprietary estoppel or constructive trust fails.
Legal Topics
Proprietary Estoppel, Constructive Trust, Agricultural Tenancy, Possession Proceedings, Arrears of Rent, Ownership of Livestock
Property Law Equity and Trusts Landlord and Tenant Proprietary Estoppel Constructive Trust Agricultural Tenancy Possession Proceedings Arrears of Rent +1 more

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Parties

Luigi Nicodemo Vasami

Claimant

Grazia Vasami

Claimant

Tony Hack

Defendant

Arlene Hack

Defendant

Procedural Posture

Possession and Proprietary Estoppel Claim / First Instance Judgment

Legal Issues

  1. 1 Whether the defendants have a proprietary estoppel claim to Glasfryn farm
  2. 2 Whether the defendants have a secure tenancy under the Agricultural Holdings Act 1986
  3. 3 Whether the claimants are entitled to possession of Glasfryn

Ratio Decidendi

The court found no binding promise was made to the defendants that Glasfryn would be theirs after the claimants' days; any assurances were statements of present and revocable intention. There was no detrimental reliance sufficient to found proprietary estoppel, and it was not unconscionable for the claimants to seek possession. The arrangement was a family one, not a tenancy, so the claim for arrears of rent failed. The dairy herd was transferred to the defendants in 2008 by agreement, so the claim for return of the herd or damages failed.

Court Disposition

Claim for possession of Glasfryn succeeds; claims for arrears of rent and return of the herd or damages fail; counterclaim for proprietary estoppel or constructive trust fails.

Orders

  • Possession of Glasfryn granted to claimants
  • Claims for arrears of rent dismissed