Image from Google Jackets

JS Bloor (Measham) Ltd v Calcott

Series: Estates Gazette Law Reports ; [2002] 09 EG 222-229(8)Publication details: 2002Subject(s): Summary: 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.
Holdings
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.