JS Bloor (Measham) Ltd v Calcott
Series: Estates Gazette Law Reports ; [2002] 09 EG 222-229(8)Publication details: 2002Subject(s):- AGRICULTURAL HOLDINGS
- PROPRIETARY ESTOPPEL
- TRESPASS
- AGRICULTURAL ACT 1986
- PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
- PROPERTY-RURAL AND NATURAL ASSETS-AGRICULTURAL PROPERTY-AGRICULTURAL LAND
- INJUNCTIVE RELIEF
- RES JUDICATA
- MEASURE OF DAMAGES
- S BLOOR (MEASHAM) LTD V CALCOTT
- LANDLORD AND TENANT-AGRICULTURAL TENANCIES-CASE LAW
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS65267 (Browse shelf(Opens below)) | 1 | Available | 117335-1001 |
ChD 23 November 2001. In 1997 the claimant (B) a property development company acquired from W, another developer, 38 acres of agricultural land. Later in 1997 B's contractors entered the site and began building operations. Only then did B learn of C's claim to an agricultural tenancy. C applied for an injunction to restrain B from entering the site. The county court judge ordered C recover from B damages for trespass. Howeverm he found that C had been deceitful by avoiding signing the 1993 agreement and encouraging W to acting to its detriment by not ending the tenancy. Accordingly, he held that C was not entitled to any equitable relief, and he dismissed the claim for an injunction. B's counterclaim was also dismissed. On 20 June 2000 B served a notice to quite that effectively terminated any tenancy by C. In October 1997, B commenced present proceedings, seeking a declaration it could occupy the land and proceed with its development. B argued that a proprietary estoppel had arisen in its favour due to C's behaviour. C counterclaimed. "Held", the claim was allowed and counterclaim dismissed.