000 01934cab a2200217 4500
001 ##L134914
008 060911n2006 000 0 eng u
035 _a(Sirsi) u134914
041 0 _aeng
245 0 0 _aYeoman's Row Management and Zipporah Lisle-Mainwaring v James Cobbe
260 _c2006
520 _a[2006] EWCA Civ 1139, 31 July 2006. Concerns the most satisfactory form of relief to be granted after a claim alleging proprietary estoppel had been allowed. Appeal by Y against a decision that C had established proprietary estoppel against Y and was thus entitled to a lien over property to secure C's interest in its increase in value. Appeal also by L against the judge's second decision to vary the terms of the order under the main judgment. L, the sole director of Y, had reached an oral agreement in principle to sell a property (in which she held one flat personally) to C if he successfully obtained planning permission to redevelop it. C secured it, relying on the belief that he would keep any profit from the development subject to a shared overage agreement. Y did not honour the agreement and no binding sales contract ever materialised. C pleaded successfully for proprietary estoppel and relief was set as a lien for 50% of the increase of the value of the property with planning permission. "Held": the 50% lien was the least unsatisfactory of the various forms relief might take. C's lien to cover L's leasehold interest was to be set aside.
590 _aIKA190906
650 2 4 _aYEOMAN'S ROW MANAGEMENT LTD AND ANOTHER V COBBE
650 2 4 _aLAW OF PROPERTY (MISCELLANEOUS PROVISIONS) ACT 1989 S2
650 2 4 _aHOLIDAY INNS INC V BROADHEAD
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL PROPERTY DEVELOPMENT
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2006/1139.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c77707
_d77707