Larmour v Larmour [2023] NICh 4 (26 April 2023)

Larmour v Larmour [2023] NICh 4 (26 April 2023)

The court held that while the appellant's circumstances (age, dementia, lack of alternative accommodation) were serious, they did not meet the high threshold of 'good reason to the contrary' required to refuse sale under section 4 of the Partition Act 1868. However, the court exercised its discretion under Article 49 of the Property (Northern Ireland) Order 1997 to stay the sale until Joan Larmour is assessed as unable to reside safely in the property, thereby tempering the injustice of an immediate sale.

Citation
[2023] NICh 4
Parties
Plaintiff/respondent: Brent Larmour; Defendant/appellant: Joan Larmour
Jurisdiction
Northern Ireland
Judgment Date
26 April 2023
Procedural Posture
Appeal (chancery Division) / Judgment on Appeal From Orders for Sale and Consequential Orders
Outcome
Appeal allowed in part; orders of DJ Collins quashed and substituted with new order for sale subject to stay and conditions.
Legal Topics
Partition of Jointly Owned Property, Sale in Lieu of Partition, Discretion Under Partition Acts, Article 49 Property (northern Ireland) Order 1997, Capacity and Welfare of Vulnerable Adults
Property Law Equity Mental Capacity Partition of Jointly Owned Property Sale in Lieu of Partition Discretion Under Partition Acts Article 49 Property (northern Ireland) Order 1997 Capacity and Welfare of Vulnerable Adults

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Parties

Brent Larmour

Plaintiff/respondent

Joan Larmour

Defendant/appellant

Procedural Posture

Appeal (chancery Division) / Judgment on Appeal From Orders for Sale and Consequential Orders

Legal Issues

  1. 1 Whether the court has discretion under the Partition Acts to refuse to order sale or partition of jointly owned property and in what circumstances
  2. 2 Whether the court can impose a stay, suspension, or conditions on an order for sale under Article 49 of the Property (Northern Ireland) Order 1997

Ratio Decidendi

The court held that while the appellant's circumstances (age, dementia, lack of alternative accommodation) were serious, they did not meet the high threshold of 'good reason to the contrary' required to refuse sale under section 4 of the Partition Act 1868. However, the court exercised its discretion under Article 49 of the Property (Northern Ireland) Order 1997 to stay the sale until Joan Larmour is assessed as unable to reside safely in the property, thereby tempering the injustice of an immediate sale.

Court Disposition

Appeal allowed in part; orders of DJ Collins quashed and substituted with new order for sale subject to stay and conditions.

Orders

  • The property is to be placed on the market for sale.
  • Sale is stayed until Joan Larmour is assessed by a suitably qualified medical practitioner as being unable to reside safely at the property with a domiciliary care package.