Davies v Davies
In Davies v Davies [2016] EWCA Civ 463, the “Cinderella” proprietary estoppel case, the Court of Appeal has overturned the decision of HHJ Jarman QC and significantly reduced the financial award given to a farmer in satisfaction of her proprietary estoppel claim. Eirian Davies, one of three daughters, claimed to be entitled to the whole of her parents dairy farm. In previous litigation the court had found she was entitled to equitable relief. In proceedings to determine how the equity should be satisfied HHJ Jarman QC rejected her claim to whole farm and awarded her £1.3m, which was roughly one third of the value of the farm. Mr and Mrs Davies appealed. The Court of Appeal considered in detail the rules relating to the quantification of proprietary estoppel claims and the principles applicable to determining how the equity is to be satisfied.
Timothy Fancourt QC and Elizabeth Fitzgerald appeared for the successful party in the Court of Appeal, where the financial award was reduced to £500,000. The judgment is here
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