Yeoman's Row Management Ltd v Cobbe [electronic resource]
Yeoman's Row Management Ltd v Cobbe [electronic resource]
- 2008
[2008] UKHL 55, 30 July 2008. Where a property developer had reached an oral agreement in principle with a property owner to buy their property and expend time and expense in obtaining planning permission pursuant to the agreement but the owner subsequently refused to enter into a binding contract, the remedy could not be based on estoppel or constructive trust. Developer was entitled to quantum meruit payment for his services. Appellant company (Y) appealled against a developer (C) establishing propriety estoppel against it and being entitled to a lien over a property to secure his interest. Y had been formed to purchase a block of flats with the potential for development. Y and C then entered into a contract where Y would sell the property to C for £12 million pounds, C would then use his own means to obtain planning permission, develop the site and then pay 50% of any profit made over £24 million to Y. Y then sought to re-negotiate the agreement and C applied for estoppel. Held: The remedy due to C could not be construed as estoppel or a constructive trust and it fell to the court to determine how his claim might best be remedied. Property was never a joint venture and could not be treated as such. Y was unjustly enriched as it obtained the benefits of planning permission without paying for it and the remedy of quantum meruit had to be paid to C in light of the service it had provided to Y (the obtaining of planning permission).
KILCARNE HOLDINGS LTD V TARGETFOLLOW (BIRMINGHAM) LTD
LAIRD V BIRKENHEAD RAILWAY CO
MUSCHINSKI V DODDS
LONDON & REGIONAL INVESTMENTS LTD V TBI PLC
TAYLORS FASHIONS LTD V LIVERPOOL VICTORIA TRUSTEES CO LTD
TIME PRODUCTS LIMITED V COMBINED ENGLISH STORES
PRIDEAN LTD V FOREST TAVERNS LTD AND OTHERS
RAMSDEN V DYSON
R (REPROTECH (PEBSHAM) LTD) V EAST SUSSEX COUNTY COUNCIL
ROCHDALE CANAL COMPANY V KING
PLIMMER V MAYOR OF WELLINGTON
POWELL V THOMAS
HOLIDAY INNS INC V BROADHEAD
INWARDS V BAKER
JENNINGS V RICE AND OTHERS
BRITISH STEEL CORPORATION V CLEVELAND BRIDGE AND ENGINEERING CO LTD
CRABB V ARUN DC
DANN V SPURRIER
YEOMANS ROW MANAGEMENT LTD V COBBE
ATTORNEY-GENERAL OF HONG KONG V HUMPHREYS ESTATE (QUEENS GARDENS) LTD
BANNER HOMES GROUP PLC V LUFF DEVELOPMENTS LTD
PALLANT V MORGAN
PASCOE V TURNER
WALTON STORES (INTERSTATE) LTD V MAHER
WILMOTT V BARBER
WINDELER V WHITEHALL
DILLWYN V LLEWELYN
GILLETT V HOLT
GRUNDY V OTTEY
England and Wales--1543-
[2008] UKHL 55, 30 July 2008. Where a property developer had reached an oral agreement in principle with a property owner to buy their property and expend time and expense in obtaining planning permission pursuant to the agreement but the owner subsequently refused to enter into a binding contract, the remedy could not be based on estoppel or constructive trust. Developer was entitled to quantum meruit payment for his services. Appellant company (Y) appealled against a developer (C) establishing propriety estoppel against it and being entitled to a lien over a property to secure his interest. Y had been formed to purchase a block of flats with the potential for development. Y and C then entered into a contract where Y would sell the property to C for £12 million pounds, C would then use his own means to obtain planning permission, develop the site and then pay 50% of any profit made over £24 million to Y. Y then sought to re-negotiate the agreement and C applied for estoppel. Held: The remedy due to C could not be construed as estoppel or a constructive trust and it fell to the court to determine how his claim might best be remedied. Property was never a joint venture and could not be treated as such. Y was unjustly enriched as it obtained the benefits of planning permission without paying for it and the remedy of quantum meruit had to be paid to C in light of the service it had provided to Y (the obtaining of planning permission).
KILCARNE HOLDINGS LTD V TARGETFOLLOW (BIRMINGHAM) LTD
LAIRD V BIRKENHEAD RAILWAY CO
MUSCHINSKI V DODDS
LONDON & REGIONAL INVESTMENTS LTD V TBI PLC
TAYLORS FASHIONS LTD V LIVERPOOL VICTORIA TRUSTEES CO LTD
TIME PRODUCTS LIMITED V COMBINED ENGLISH STORES
PRIDEAN LTD V FOREST TAVERNS LTD AND OTHERS
RAMSDEN V DYSON
R (REPROTECH (PEBSHAM) LTD) V EAST SUSSEX COUNTY COUNCIL
ROCHDALE CANAL COMPANY V KING
PLIMMER V MAYOR OF WELLINGTON
POWELL V THOMAS
HOLIDAY INNS INC V BROADHEAD
INWARDS V BAKER
JENNINGS V RICE AND OTHERS
BRITISH STEEL CORPORATION V CLEVELAND BRIDGE AND ENGINEERING CO LTD
CRABB V ARUN DC
DANN V SPURRIER
YEOMANS ROW MANAGEMENT LTD V COBBE
ATTORNEY-GENERAL OF HONG KONG V HUMPHREYS ESTATE (QUEENS GARDENS) LTD
BANNER HOMES GROUP PLC V LUFF DEVELOPMENTS LTD
PALLANT V MORGAN
PASCOE V TURNER
WALTON STORES (INTERSTATE) LTD V MAHER
WILMOTT V BARBER
WINDELER V WHITEHALL
DILLWYN V LLEWELYN
GILLETT V HOLT
GRUNDY V OTTEY
England and Wales--1543-