Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce
and care proceedings to transparency and access to justice. If you would like to contribute please email
emma.reitano@lexisnexis.co.uk.
Proprietary estoppel revisited: Moore v Moore [2016] EWHC 2202 (Ch)
© Copyright LexisNexis 2024. All rights reserved.
Recent years have seen a number of cases on the law of proprietary estoppel. Although
Moore v Moore [2016] EWHC 2202 (Ch) (Mr S Monty QC sitting as a deputy judge of the Chancery Division) does not purport to set out any new principles of law the judgment is an extremely useful example of the approach to proprietary estoppel in practice. The judgment is lengthy running to some 196 paragraphs and the evidence before the court extensive.
Moore v Moore
The property in issue was Manor Farm which had been run by the Moore family for four generations. Since 2008 it had been run as a partnership by the first defendant and Part 20 claimant (Stephen Moore 'SM') the Part 20 defendant (father of SM Roger Moore 'RM') and the second defendant (a limited company: Till Valley Contracting Limited ('TVCL'). Shares in TVCL were held 51% by RM and 49% by SM.
The running of the farm as a partnership had begun in the mid-1960s. The partners were RM and his brother Geoffrey ('GM'). Their father gifted the farm to them in...
Read the full article here.