Jurisdiction(s):
United Kingdom

Proprietary estoppel in farming succession (England and Wales): Spencer v Spencer [2023] EWHC 2050 (Ch) on assurances, inducement, detriment and proportional remedies, including exclusion of crystallised mineral windfall

Published on: 15 August 2023

Published by a LexisNexis Property Disputes expert

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Spencer v Spencer [2023] EWHC 2050 (Ch)

On 9 August 2023, Rajah J handed down judgment in Spencer v Spencer [2023] EWHC 2050 (Ch), a farming proprietary estoppel dispute.

Stephen Jourdan KC and Caroline Shea KC represented the claimant and defendants, respectively. Stephen was leading Christopher Jones, instructed by Tim Russ of Roythornes, while Caroline led Sarah Haren KC, instructed by Russell Reeves of Thrings.

The claimant, Michael Spencer, asserted that his late father had assured him he would succeed to the freehold land making up the farm on his father’s death—about 405 acres—and that he had acted in reliance on those assurances so that it would be inequitable for his father to depart from them.

Up until shortly before he died, his father’s wills had left the land to Michael. However, a new will executed shortly before death left the land to trustees on a discretionary trust for his children and grandchildren.

The claim was contested by John’s estate, represented by his two daughters. The Judge set out the essential elements the court must assess in such a claim:

there needed to be an assurance from father to son that the son would inherit identified property. This had to be...

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