The applicants occupied a house as licensees. An order for possession was made against them. The company was a charitable company set up to provide accomodation in communities for handicapped adults. The workers in the communities were not formally salaried, but the Inland Revenue had taxed the benefits received. It was argued for them at the time that no intention to create legal relations existed. The claimants now said that they had a status as contractual tenants, and had agreed to resign from the company on the basis that financial provision would be made to allow them to find alternative accomodation. It was then proposed to purchase a property in which they could live, and an approach was made to the Charities Commission to approve the arrangement. The Commission declined. The applicants now claimed a proprietary estoppel.
Held: The company and the community were separate in law. The decision to seek possession was that of the company alone, and was not he same as the decision to expel him from the community. It bordered on the fanciful to say that the decision of the company was in breach of natural justice. They acted fairly and properly. The appellant had accepted the decision of the community to expel him. No intention to create contractual relations was established. The approach taken by the Charity Commission was to be regretted.
Judges:
Auld, Parker, Arden, LJJ
Citations:
[2005] EWCA Civ 856, [2005] BCLC 379
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Byrne v Kinematograph Renters Society Ltd 1958
The court formulated the principles of natural justice: ‘What then are the requirements of natural justice? First, I think that the person accused should know the nature of the accusation made; secondly, that he should be given an opportunity to . .
Cited – Baird Textile Holdings Limited v Marks and Spencer Plc CA 28-Feb-2001
The court considered the requirements to establish a proprietary estoppel: ‘It is on authority an established feature of both promissory and conventional estoppel that the parties should have had the objective intention to make, affect or confirm . .
Cited – Faramus v Film Artistes’ Association HL 1964
Parties to a contract may be bound to act in it according to the rules of natural justice. . .
Cited – Lee v Showmens Guild of Great Britain CA 1952
Decisions of inferior tribunals, including arbitrators, were reviewable on the basis of general error of law on record for which certiorari might issue. A decision may be reviewable where there was no evidence supporting particular conclusions.
Cited – Shearson Lehman Hutton Inc and Another v Maclaine Watson and Co Ltd and Others 1989
The court considered the requirements of natural justice in the light of the decision in Gaiman: ‘Nor do I consider my conclusions to be inconsistent with the decision of Megarry J in [Gaiman] because Megarry J held that the principles of natural . .
Cited – McInnes v Onslow-Fane ChD 1978
The applicant had been granted a boxing manager’s licence for several years. He appealed its refusal now over a few years.
Held: The case was in the application for a licence rather than in a forfeiture or an expectation class, and there was . .
Cited – Gaiman v The National Association for Mental Health ChD 1970
The court considered the articles of an association without share capital but limited by guarantee. One article provided that a member should cease to be a member of the association if he were requested by resolution of the council to resign. It was . .
Cited – O’Neill and Another v Phillips and Others; In re a Company (No 00709 of 1992) HL 20-May-1999
The House considered a petition by a holder of 25 of the 100 issued shares in the company against the majority shareholder. The petitioner, an ex-employee, had been taken into management and then given his shares and permitted to take 50% of the . .
Cited – Booker v Palmer CA 1942
The owner of a cottage agreed to allow a friend to install an evacuee in the cottage rent free for the duration of the war.
Held: There was no intention on the part of the owner to enter into legal relationships with the evacuee. Lord Greene . .
Cited – Nagle v Fielden CA 1966
The applicant, a lady jockey appealed refusal by the Jockey Club to issue to her a jockey’s license based simply on the fact of her sex.
Held: Her appeal succeeded. The refusal was against public policy. Where a man’s right to work was in . .
Cited by:
Cited – The New Testament Church of God v Reverend Stewart CA 19-Oct-2007
The appellant appealed a finding that the respondent had been its employee, saying he was a minister of religion.
Held: The judge had been entitled to find an intention to create legal relations, and therefore that the claimant was an . .
Lists of cited by and citing cases may be incomplete.
Land, Estoppel, Company
Updated: 01 July 2022; Ref: scu.228431