Source: All England Reporter
Publisher Citation: [2008] All ER (D) 188 (Jun)
Neutral Citation: [2008] EWHC 1329 (Ch)
Court: Chancery Division
Judge:

Norris J
Representation Simon Clegg (instructed by Walker Morris) for the claimant.
  David Taylor (instructed by Varley Hibbs) for the defendants .
Judgment Dates: 9 June 2008

Catchwords

Equity - Equitable remedies - Enforcement of rights - Proprietary estoppel - Claimant succeeding in proprietary estoppel claim - Judge deciding equity arising in claimant's favour - Consideration of manner in which claimant's equity to be satisfied - Whether claimant's equity to be satisfied by first or second defendant.

The Case

Equity Equitable remedies. Having previously decided on the claimant's proprietary estoppel claim that an equity had arisen in the claimant's favour which needed to be satisfied by the first defendant, the court further decided, inter alia, that the minimum equity to do justice in the circumstances was that the claimant should receive the sum of 25,000, that sum to be supported by the personal guarantee of the first defendant.

Practice Areas

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