JLT Financial Services Ltd formerly known as Liberty Asset Management Ltd -v- Gannon [2017] IESC 70 (21 November 2017)

JLT Financial Services Ltd formerly known as Liberty Asset Management Ltd -v- Gannon [2017] IESC 70 (21 November 2017)

The Supreme Court held that there was an agreement in principle between the parties, that the plaintiff had acted to its detriment by entering the Richview lease in reliance on the agreement, and that the doctrine of part performance applied to render the agreement enforceable despite the absence of a sufficient memorandum under the Statute of Frauds. The trial judge was entitled to rely on oral evidence and the pleadings were sufficient to permit reliance on part performance. The appeal was dismissed.

Citation
[2017] IESC 70
Parties
Plaintiff/respondent: JLT Financial Services Limited formerly known as Liberty Asset Management Limited; Defendant/appellant: Gerard Gannon
Jurisdiction
Ireland
Judgment Date
21 November 2017
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Specific Performance, Doctrine of Part Performance, Estoppel, Statute of Frauds, Pleadings, Assignment of Lease
Contract Law Equity Specific Performance Doctrine of Part Performance Estoppel Statute of Frauds Pleadings Assignment of Lease

Case Brief

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Parties

JLT Financial Services Limited formerly known as Liberty Asset Management Limited

Plaintiff/respondent

Gerard Gannon

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether there was a concluded and enforceable contract for the assignment of leasehold interest in No. 54 Northumberland Road
  2. 2 Whether the Statute of Frauds precluded enforcement of the agreement
  3. 3 Whether the doctrine of part performance or estoppel applied to enforce the agreement despite lack of memorandum

Ratio Decidendi

The Supreme Court held that there was an agreement in principle between the parties, that the plaintiff had acted to its detriment by entering the Richview lease in reliance on the agreement, and that the doctrine of part performance applied to render the agreement enforceable despite the absence of a sufficient memorandum under the Statute of Frauds. The trial judge was entitled to rely on oral evidence and the pleadings were sufficient to permit reliance on part performance. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Decree of specific performance and award of damages against the defendant affirmed