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Julian Roger Herbert v Leonard Doyle and Xerxes Keke Talati [electronic resource]

Language: English Publication details: 2009Subject(s): Online resources: Summary: [2008] EWHC 1950 (Ch), 4 August 2008. The case relates to a dispute over car parking spaces and other property-related issues, raising questions of proprietary estoppel and constructive trusts. The claimant (H) wanted the defendants (X) to keep to an agreement which provided for the swapping of the car parking spaces that they already had for others, due to a housing development which H had constructed and which encroached on the spaces. X responded with a defence and a counterclaim asserting that H had not fulfilled various commitments which also formed part of the agreement, and refusing to swap the spaces until these had been fulfilled. "Held": H would be entitled to the transfer of the spaces only once he had fulfilled the other terms of the agreement.
Holdings
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Journal article Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 148078-2001

[2008] EWHC 1950 (Ch), 4 August 2008. The case relates to a dispute over car parking spaces and other property-related issues, raising questions of proprietary estoppel and constructive trusts. The claimant (H) wanted the defendants (X) to keep to an agreement which provided for the swapping of the car parking spaces that they already had for others, due to a housing development which H had constructed and which encroached on the spaces. X responded with a defence and a counterclaim asserting that H had not fulfilled various commitments which also formed part of the agreement, and refusing to swap the spaces until these had been fulfilled. "Held": H would be entitled to the transfer of the spaces only once he had fulfilled the other terms of the agreement.