3 Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55; [2008] 1 WLR 1752. 1752 (House of Lords) (whether an agreement in principle between a property developer and a property owner under which the developer would obtain planning permission and then enter into a formal contract to buy and develop the property gave rise to a proprietary estoppel or constructive trust . The property in question consists of a block of, originally, thirteen flats, one of which has, since 1983, been the home of Mrs Lisle-Mainwaring and, until his fairly recent death, her husband. Cobbe v Yeoman's Row Management Ltd and another [2008] UKHL 55; [2008] WLR (D) 293 "A claimant who had entered into an oral agreement with the defendants in respect of the redevelopment of a property had no claim against them in proprietary estoppel or constructive trust based on their unconscionable withdrawal from the agreement, but was entitled to a quantum meruit in respect of money . LORD SCOTT OF FOSCOTE My Lords, House of Lords overturns decision in Yeomans v Cobbe - Willans Nicholas Dowding QC | Falcon Chambers Gillet v Holt [2000] 2 All ER 289 Case summary . • Estoppel by conduct (or in pais ) arises when the party estopped has made a statement or has led the other party to believe in a certain fact. Gillet v Holt [2000] 2 All ER 289 Case summary . Lord Scott in Cobbe v Yeoman's Row Management Ltd [20] stated that for a basis of estoppel to succeed it must be clear, clarity in the object being estopped and clarity as to the interest in the specific property. Proprietary estoppel: looking both forward and back after ... Yeoman's Row Management Ltd v Cobbe [2008] UKHL 55 Concerning: estoppel - basic principles Facts - An oral agreement between the company and Cobbe provided that a block of flats owned by the company would be demolished and Cobbe would apply for planning permission to erect houses in their place, with any excess of the proceeds over £24 . Lease: Yaxley v Gotts [2000] Ch 162 Case summary O'Neill v Holland (2020) EWCA Civ 1583. This case document summarizes the facts and decision in Cobbe v Yeoman's Row [2008] UKHL 55, House of Lords. Cobbe v Yeoman's Row Management Ltd From Wikipedia, the free encyclopedia Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55 is a House of Lords case in English land law and relates to proprietary estoppel in the multi-property developer context. In particular, it seems that in a case where B relies on a non-contractual promise Judgments - Yeoman's Row Management Limited and Another V ... However he did have a claim for . It is clear from this case that the strict approach to analysing proprietary estoppel claims following Cobbe v Yeomans Row Management Limited [2008] 1 WLR 1752 is being put into practice. In particular, it seems that in a case where B relies on a non-contractual promise Although Lewison LJ was prepared to assume for the sake of argument that proprietary estoppel was capable of outflanking section 2(1): see Yaxley v Gotts [2000] Ch 162 CA, he pointed out that it was doubtful this was still the law in view of the observations of Lord Scott in Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55 [2008] 1 WLR 1752 . The case was a world away from the testamentary proprietary estoppel cases. In very summary terms, the ingredients of proprietary estoppel are the following: Yeoman's Row Management Ltd v Cobbe [2008] UKHL 55. And then, within the past 12 months, for the first time since Ramsden, the Law Lords have dealt with it on two occasions - in Cobbe v. Yeoman's Row Management Limited and in Thorner v. Major. 1752 considered. Mr Cobbe acquired Pascoe v Turner [1979] 1 WLR 431 Case summary . 345 and Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55, [2008] 1 W.L.R. Yeoman's Row Management Limited v Cobbe [2008] UKHL 55 Key point Promissory estoppel is unlikely to arise from promises made during commercial negotiations prior to contract formation Facts Owner of land D and developer C entered into a non-binding oral agreement that D was to sell land to C at a certain price upon C obtaining planning permission It is to be contrasted with the House of Lords' decision in Cobbe v. Yeomans Row Management Ltd [2008] 1 WLR 1752 which concerns the application of proprietary estoppel in a commercial context. that Lord Scott's dicta in Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55 ("Cobbe")1 continues to create uncertainty for protagonists in these types of disputes.2 As this case demonstrates, the courts have subsequently strained to construe both Cobbe and Thorner v Major [2009] UKHL 18 ("Thorner") in imaginative ways so to Summary: A (Yeoman's Row Management), which owned land with the potential for residential development . Yeoman's Row Management Ltd v Cobbe [2008] UKHL 55, [2008] 1 WLR 1752. Although this is not always strictly enforced: Thorner v Major [2009] UKHL 18 . Issue. UKSC 26 Goss v Chilcott [1996] AC 788 Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55 Hunt v Silk (1804) 5 East 449 Bush v Canfield 2 Conn 485 (1818) Rowland v Divall [1923] 2 KB 500 Baltic Shipping Co v Dillon [1993] HCA 4 Planch . A short summary of this paper. Cobbe v Yeoman's Row Management Ltd [2008] FACTS: The claimant engaged in significant effort in obtaining planning permission towards contractual negotiations. Judgement for the case Yeoman's Row v Cobbe The claimant had entered into an oral (unenforceable) agreement with defendants in connection with the redevelopment of their property. For the reasons he gives, with which I agree, I too would allow this appeal. Thorner v Major suggests that Yeoman's Row has had less of an impact than some had predicted.15 In the words of McFarlane and Robertson, "the apocalypse … has been averted".16 10 Mr Cobbe was awarded a quantum meruit on the basis of a questionable analysis of the relevant principles of unjust enrichment,17 Yeoman's Row Management v Cobbe [2008] EWHC 2810 . Yeoman's Row Management Limited (Appellants) and another v Cobbe (Respondent) [2008] UKHL 55 LORD HOFFMANN My Lords, 1. 3 academics and advocates, have been in doing do. S v K (2020) CLCC (HHJ Raeside QC): Summary Judgment application on claim to enforce solicitors' . Mrs Lisle-Mainwaring was a director and shareholder of Yeoman's Row Management Ltd (YRML), a company that she and her husband had used to acquire the land. Summary. In Reveille Independent LLC v Anotech International (UK) Ltd [2016] EWCA Civ 443 the Court of Appeal ruled that a binding contract can be made by the parties' Lease: Yaxley v Gotts [2000] Ch 162 Case summary Errington v Errington and Woods (1952) The C, Mary Elizabeth Errington, was the widow of a man who had purchased the fee simple in a semi-detached house on a suburban avenue. Dillwyn v Llewellyn (1862) 4 De GF & J 517 Case summary . Yeoman's Row Management Limited (Appellants) & Anor. ([2008] UKHL 55) Indexed As: Yeoman's Row Management Ltd. et al. . On the other hand, commercial transactions are very unpromising territory; see Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55; [2008] 1 WLR 1752. 1.1 The reasoning of the House of Lords in Yeoman's Row Management Ltd v Cobbe [2008] UKHL 55, [2008] 1 WLR 1752, if accepted by lower courts, will have a very significant impact on the operation of proprietary estoppel. Dillwyn v Llewellyn (1862) 4 De GF & J 517 Case summary . HKU. In Cobbe v Yeoman's Row Management Ltd (2008) The House of Lords made it clear there is no proprietary estoppels for claimant to the formal requirements of s2 of the 1989 Act and the reason behind this cases failed to claim because both party knew that they should have entered into enforceable contract if they want create legal obligation but . The claimant engaged in significant effort in obtaining planning permission towards contractual negotiations. The present case was not a situation where the parties were not expecting to acquire an interest until a legally enforceable contract had been entered into. Therefore it was hoped that these cases would give the judiciary a long awaited opportunity to clarify the doctrine. 42 Cobbe v Yeoman's Row Management Ltd (n 40). 162, Kinane v Mackie-Conteh [2005] EWCA Civ 45, [2005] W.T.L.R. . were fairly straightforward. He is an experienced property developer. Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55 Facts Mr Cobbe was a property developer. Freehold . Cobbe v Yeoman's Row Management Ltd [2008] 1 WLR 1752 (HL) per Lord Scott at [14]: "An 'estoppel' bars the object of it [A] from asserting some fact or facts, or, sometimes, something that is a mixture of fact and law, that stands in the way of some right claimed by the person entitled to the benefit of the estoppel [B]"; Waltons . Decision. Summary . The court of final appeal awarded the project manager £150,000 on a quantum meruit basis for unjust enrichment because Yeoman's Row had received the benefit of his services . Cases: Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55; [2008] 1 W.L.R. This edition includes the following key updates in case law: Proprietary Estoppel: Yeoman's Row Management Ltd v Cobbe [2008] UKHL 55 Frustration: Edwinton Commercial Corporation, Global Tradeways Limited v Tsavliris Russ (Worldwide Salvage& Towage) Ltd (The 'Sea Angel') [2007] EWCA Civ 547, CTI Group Inc v Transclear SA [2008] EWCA Civ 856 . In Cobbe v Yeoman's Row Management Ltd (2008) The House of Lords made it clear there is no proprietary estoppels for claimant to the formal requirements of s2 of the 1989 Act and the reason behind this cases failed to claim because both party knew that they should have entered into enforceable contract if they want create legal obligation but . Yeoman's Row Management Ltd [2008] UKHL 55, as the judge found, and third, whether the judge was right to grant summary judgment on the pleaded case as it .. MS Padma Priya Pinisetty (Claimant and Appellant) v Mr Kishore Kumar Manikonda and Mrs Kaveri Manikonda (Defendants and Respondents) United Kingdom Queen's Bench Division 13 April 2017 53 (Ch); Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55; [2008] I WLR 1752; Benedetti v Sawiris, above n 2; National Trust for Places of Historic Interest v Birden [2009] EWHC 2023 (Ch); Baynes Clarke v Corless [2010] EWCA Civ 338, [2010] WTLR 751; Persimmon Homes Ltd v Great Lakes Reinsurance (UK) Plc [2010] EWHC 1705 (Comm); . Facebook; Twitter; Instagram; RSS; Designed by Elegant Themes | Powered by WordPressElegant Themes | Powered by WordPress 41 Chelsfield Advisers LLP v Qatari Diar Real Estate Investment Co [2015] EWHC 1322 (Ch) at para 80. W&C - Example Summary Prospectus (1).docx. Yeoman's Row v Cobbe [2008] 1 WLR 1752 Case summary last updated at 09/01/2020 16:05 by the Oxbridge Notes in-house law team . The facts in . David Thorner was a Somerset farmer who, for 29 years, worked without pay on a farm owned by his father's cousin, Peter. Guest v Guest [2020] EWCA Civ 387; [2020] 1 WLR 3480. HELD no proprietary estoppel claim, nor had he acquired an interest under a constructive trust. 20 Full PDFs related to this paper. Cobbe v Yeoman's Row Management Ltd [2008] Facts. While a proprietary estoppel was not excepted under s.2(5) of the 1989 Act, it was open to the court to find a constructive trust in favour of R, Yaxley v Gotts [2000] Ch. Yeoman's Row Management Ltd v Cobbe 2008. The scope of proprietary estoppel has recently been subject to extensive review by the House of Lords in Yeoman's Row Management Ltd v Cobbe [2008] UKHL 55. It had owned it since 15 April 1998 when it was registered as proprietor of the freehold. July 30, 2008. . The appellant argued, in reliance on Herbert v Doyle [2010] EWCA Civ 1095 and Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55, that the correct conclusion on the judge's findings was that a constructive trust could not have arisen because the parties were aware at the time of the informal agreement in 2003 of the need for a written contract . Sahota v Prior [2019] EWHC 1418 (Ch) Share; 1st May 2020. 40 Mummery LJ at para 4 of Cobbe v Yeoman's Row Management Ltd [2006] EWCA Civ 1139, [2006] 1 WLR 2964 (CA), [2008] UKHL 55, [2008] 1 WLR 1752 (HL). Lords have dealt with it on two occasions - in Cobbe v. Yeoman s Row Management Limited and in Thorner v. Major? Mr Cobbe's efforts were specifically directed to a planning application for the development of the freehold block of 11 flats at 38-62 Yeoman's Row, Knightsbridge, London SW3 (the Property). 1752 (HL) Thorner v Major [2009] UKHL 18; [2009] 1 W.L.R. 06 November 2008 In November 2006, we reported on a Court of Appeal decision that seemed to widen the scope for claimants to secure a substantial interest in property, even without a written agreement. In the absence of a contract, when, if at all, can B bring a claim against A? 776 (HL) *CONVPL 260 In Cobbe v Yeoman's Row Management Ltd, 1 the House of Lords rejected a claim of proprietary estoppel arising out of an informal agreement between a property developer and a landowner. The court of final appeal awarded the project manager £150,000 on a quantum meruit basis for unjust enrichment because Yeoman's Row had received the benefit of his services . Cobbe v Yeoman's Row Management 2008 HL stand against unconscionability. The need for certainty in commercial contracts (Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55). Download PDF v Cobbe [2008] UKHL 55 House of Lords Hoffman, Scott, Walker, Brown & Mance LJJ Œ 30 July 2008 Equitable estoppel - proprietary estoppel - constructive trusts Œ quantum meruit Œ unjust enrichment - 1.1 The reasoning of the House of Lords in Yeoman's Row Management Ltd v Cobbe [2008] UKHL 55, [2008] 1 WLR 1752, if accepted by lower courts, will have a very significant impact on the operation of proprietary estoppel. Commercial property disputes: p. 352. The Yeoman's Row property was owned by the appellant some years before Mrs Lisle-Mainwaring began her joint venture discussions (for such in effect they were) with Mr Cobbe. Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55 is a House of Lords case in English land law and relates to proprietary estoppel in the multi-property developer context. And further that we should look at the expectations of the landowner who is being estopped and not just the claimant who has been . Although this is not always strictly enforced: Thorner v Major [2009] UKHL 18 . Plaintiff reached oral agreement in principle with defendants that he would apply for planning permission for development of flats and if granted then defendants would sell for an upfront payment plus half of the proceeds of sale exceeding a certain amount. Ritchie v Ritchie is reported as Adekunle v Ritchie [2007] WTLR 1505. The online resource for property lawyers. YRML was formed in 1995 as a vehicle to purchase the Property. JUDGEMENT: The other negotiating party were not estoppel from not completing the contract. Footnote 3. Launching Jan 2022. Chadwick LJ's analysis of the Pallant v Morgan equity was subsequently approved by Lord Scott in Cobbe v Yeoman's Row Management Ltd; he stated that the Pallant v Morgan equity is 'either an implied trust or a constructive trust arising from the circumstances' ([2008] 1 W.L.R. 20 Apr 2020 COVID 19: Revisiting Frustration in the Context of Leases Published in Jeff Hardman . 1752 (House of Lords) (whether an agreement in principle between a property developer and a property owner under which the developer would obtain planning permission and then enter into a formal contract to buy and Cobbe v. Yeoman's Row Management [2008] 1 W.L.R. Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55, House of Lords | Law Trove Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Cobbe v. Yeoman's Row Management [2008] 1 W.L.R. Based on the reasoning of my noble and learned friend, Lord Scott of Foscote in Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55, [2008] 1 WLR 1752, paras 18-20 and 28, the respondents contend that the identity of the property the subject of the assurance or statement relied on to found a proprietary estoppel must be "certain . Cobbe v Yeoman's Row Management Ltd and another [2008] UKHL 55; [2008] WLR (D) 293 "A claimant who had entered into an oral agreement with the defendants in respect of the redevelopment of a property had no claim against them in proprietary estoppel or constructive trust based on their unconscionable withdrawal from the agreement, but was entitled to a quantum meruit in respect of money . The plan was that the house would serve as the matrimonial home of Mr Errington's son and daughter-in-law, the first defendant Mary Duncan Errington. 33. Cobbe v Yeoman's Row Management Ltd. Last year the House of Lords heard the appeal in Cobbe v Yeoman's Row Management Ltd.,6 a case which had succeeded in the Courts below on proprietary estoppel. a new model for Equity and Unjust Enrichment' (2008) 67 CLJ 265 20 Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55 21 Westdeutsche (n 1) Let us turn to the first head of analysis. In 2001, he began negotiations with Mrs Lisle-Mainwaring concerning the development of a block of flats in Yeoman's Row, London. Summary Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55 is a House of Lords case in English land law and relates to proprietary estoppel in the multi-property developer context. case is also a reminder that estoppel is far from an obsolete concept in transactions for the sale of land following Cobbe v Yeoman's Row [2008]. The most recent leading authority in this field is Yeoman's Row Management Ltd v Cobbe [2008] UKHL 55. 12. Summary . Cobbe v Yeoman's Row Management Limited [2008] UKHL 55 concerned an oral "agreement in principle" whereby Mr Cobbe would apply for planning permission for a residential development on Yeoman's Row's land, and if that permission was obtained Yeoman's Row would sell the land to Mr Cobbe for a given sum. The finding that Mrs Lisle-Mainwaring's . . A, in the present case, is the appellant company, Yeoman's Row Management Ltd. B is the respondent, Mr Cobbe. In commercial dealings "the reasonable expectations of honest sensible business persons must be protected " ( RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH approving dicta of Steyn LJ in G. Percy Trentham Ltd v Archital Luxfer Ltd [1993 . Well known for her experience of property estoppel, beneficial interest and constructive trust disputes, having represented parties in such cases at all levels of court, including in Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55; Porntip Stallion v Albert Stallion Holdings (Great Britain) Ltd [2009] EWHC 1950 and Henry v Henry [2010] 1 . v. Cobbe. The House of Lords adopted a different approach to that of the trial judge and the Court of Appeal. Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55, House of Lords | Law Trove Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. The case of Thorner v. It is to be contrasted with the House of Lords' decision in Cobbe v Yeomans Row Management Ltd [2008] 1 WLR 1752 which concerns the application of proprietary estoppel in a commercial context. In paragraph 14 of his speech, Lord Scott of Foscote provided a succinct summary of the principle: The seller appealed to the Court of Appeal, which dismissed the appeal. Although Lewison LJ was prepared to assume for the sake of argument that proprietary estoppel was capable of outflanking section 2(1): see Yaxley v Gotts [2000] Ch 162 CA, he pointed out that it was doubtful this was still the law in view of the observations of Lord Scott in Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55 [2008] 1 WLR 1752 . Yeoman's Row Management Ltd and Another v Cobbe: HL 30 Jul 2008. Pascoe v Turner [1979] 1 WLR 431 Case summary . The parties agreed in principle for the sale of land with potential development value. Thorner. 43 [2015] EWHC 226 . o Similarly in Cobbe v Yeoman's Row Management Ltd [2008, HL], C knew tt the other party was bound only "in honour" and they had no legally . The Pallant v Morgan equity was not limited to circumstances in which the property in issue was not at first owned by either party, and the House of Lords in Cobbe v Yeoman's Row Management Ltd [2008] 1 WLR 1752 had not laid down any rule to the contrary. Walford v Miles (n 39). C relies on a non-contractual promise by D that D will give C a right in the future (the company would sell him the freehold for £12m ) D said she wanted £20m up front. 4. . The House of Lords yesterday handed down an important judgment about proprietary estoppel and its role in pre-contractual negotiations. The result has I think been, to adopt another expression in daily use in the vicarage: 'like a curate's egg, good in parts'. Jennings v Rice [2002] EWCA Civ 159; [2003] 1 P & CR 8 213 Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55; [2008] 1 WLR 1752 215 Thorner v Major [2009] UKHL 18; [2009] 1 WLR 776 218 Southwell v Blackburn [2014] EWCA Civ 1347; [2014] HLR 47 221 Summary on proprietary estoppel 222 In previous significant cases of recent years (Herbert v Doyle [2010] EWCA Civ 1095 and Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55,) the Supreme Court and Court of Appeal have refused to find in favour of a constructive trust based on similar scenarios concerning agreements for the purchase of land. Significance In a "subject to contract" context, difficult to convince Ct tt estoppels arises, especially when parties deal at arms-length (more unlikely to find unconscionable conduct). Could the other negotiating party be estopped from not completing a contract? I have had the advantage of reading in draft the speech of my noble and learned friend Lord Scott of Foscote. Detrimental reliance Funds provided by a third party. Facts . This case document summarizes the facts and decision in Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55, House of Lords. In Yeoman's Row Management Ltd v.Cobbe,1 the House of Lords considered a particular variant of a general commercial problem: (i) A and B enter into negotiations as to a potential bargain; (ii) B undertakes work in reliance on a contract's being concluded between A and B; but (iii) no contractual deal is made. In the Banner Homes case Chadwick LJ commented (at 397) on how the situation might appear in such a case The court considered a number of cases including the House of Lords decision in Cobbe v Yeoman's Row [2008] UKHL 55. Prior to Thorner v Major [2009] and Cobbe v Yeoman's Row Management Ltd [2008] it had been 142 years since a case of proprietary estoppel had reached the House of Lords. Lord Hoffmann, Lord Scott of Foscote, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood and Lord Mance. CobbevYeoman'sRowManagementLtd(HL(E)) [2008]1WLRCobbevYeoman'sRowManagementLtd(HL(E)) [2008]1WLR did not require or depend on any estoppel; and that, accordingly, the elements of proprietary estoppel were not present and no estoppel had arisen (post, paras 1, The appellant company succeeded in its appeal against the Court of Appeal's finding that a proprietary estoppel had been created by the company's . 1752 at 1769). Cobbe v. Yeomans Row Management Ltd [2008] 1 WLR 1752 which concerns the application of proprietary estoppel in a commercial context. The case was Yeomans Row Management Ltd v Cobbe and the claim was based on the legal principle of 'proprietary estoppel'. Then, founding himself primarily upon the decision of the House of Lords in Cobbe v Yeoman's Row Management Ltd [2008] UKHL 55, [2008] 1 WLR 1752 and the decision of the Court of Appeal in Herbert v Doyle [2010] EWCA Civ 1095, 13 ITELR 561, Mr Dilworth submitted that it was clear both from the letter of 14 August 2007 and the joint letter to . In this case, the estoppel was not relied upon to perfect an informal sale of land, but in order to prevent one party taking an . 2.4 UNCONSCIONABILITY: 1) Wills repeated assurances - Murphy v Burrows [2004] vs. Thorner 2) Contracts - Cobbe v Yeoman's Row Management Ltd [2008] vs. Wombwell v James [2015] 3) C must come w/ clean hands - Murphy v Rayner [2011] [2008] UKHL 55 Eves v Eves [1975] 1 WLR 1338 Gissing v Gissing [1971] AC 886 Hodgson . 90. The starting point is to recognise that, even in as short a period as 20 years, the London, England. 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In pre-contractual negotiations: //ca.vlex.com/vid/yeoman-s-row-mgt-681125949 '' > Nicco-Law: Remedial constructive trust, Kenyan Equities summary Lords adopted a different approach to of! Qatari Diar Real Estate Investment Co [ 2015 ] EWHC 1322 ( Ch ) at para 80 of proprietary and! Obtaining planning permission towards contractual negotiations: Thorner v Major [ 2009 ] 1 WLR 431 Case.! Er 289 Case summary Scott of Foscote Civ 1583 a claim against a look at expectations! Principle for the reasons he gives, with which I cobbe v yeoman's row management 2008 summary, I too would allow this appeal party not! The deal have been in doing do was formed in 1995 as a to! ( n 40 ) Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood and Lord Mance gives, with I. Management Ltd. et al ] AC 886 Hodgson EWCA Civ 45, [ 2008 ] UKHL 55 Eves Eves... Who has been and learned friend Lord Scott of Foscote considerable sums were spent, and permission achieved, the! 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