New claim for estoppel on appeal
The appellants/defendants alleged, but failed to establish, a proprietary estoppel. On appeal, they seek to construe out of the judge’s findings of fact, which they do not for the most part challenge, a new case based on estoppel by convention. The respondent/claimant trustees, of course, complain that the new case is not open to the appellants, because the trial would have been conducted quite differently if they had known that to have been the appellants’ case. In any event, the respondent trustees say that the facts found by the judge do not support the newly alleged estoppel by convention.
Longmore, Vos, King LJJ
[2016] EWCA Civ 805
Bailii
England and Wales
Citing:
Appeal from – Preedy and Another v Dunne and Others ChD 2-Oct-2015
The claimant freeholders sought possession of a public house against the defendants who operated a restaurant and pub business, and asserted a proprietary estoppel. . .
Lists of cited by and citing cases may be incomplete.
Estoppel
Updated: 11 November 2021; Ref: scu.567722
