Hunter v Lagan & Anor [2018] NICh 12 (20 April 2018)

Hunter v Lagan & Anor [2018] NICh 12 (20 April 2018)

The undertakings created a contractual licence which terminated 14 days after the contract for sale was agreed, regardless of whether the sale was at open market value. No estoppel licence arose as there was no evidence of representation or unconscionability.

Citation
[2018] NICh 12
Parties
Appellant: Lisa Hunter; First Named Respondent: Julie Lagan; Second Named Respondent: Conrad Lagan
Jurisdiction
Northern Ireland
Judgment Date
20 April 2018
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Contractual Licence, Estoppel, Interpretation of Undertakings, Possession of Premises, Child Maintenance
Property Law Contract Law Family Law Contractual Licence Estoppel Interpretation of Undertakings Possession of Premises Child Maintenance

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Parties

Lisa Hunter

Appellant

Julie Lagan

First Named Respondent

Conrad Lagan

Second Named Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the undertakings created a contractual licence and when it terminated
  2. 2 Whether the sale had to be at open market value for the licence to terminate
  3. 3 Whether an estoppel licence arose due to representations regarding sale proceeds

Ratio Decidendi

The undertakings created a contractual licence which terminated 14 days after the contract for sale was agreed, regardless of whether the sale was at open market value. No estoppel licence arose as there was no evidence of representation or unconscionability.

Court Disposition

appeal dismissed

Orders

  • Order for vacant possession affirmed
  • Award of £3,000 damages to appellant stands