[2025] EWHC 2054 (Ch)

This is my judgment on remedy following my earlier judgment on liability ([2024] EWHC 2989 (Ch)) in which I found that Richard had proved his proprietary estoppel claim as well as his alternative claim for an entitlement under the 1975 Act. In this judgment, I adopt the definitions and abbreviations used in the liability judgment. References to paragraph numbers in square brackets are to paragraphs in the liability judgment.

By a consent order dated 22 November 2024, I directed that the parties had permission to file further evidence for the purposes of the remedy hearing, such evidence to be filed no later than 20 December 2024 and to be limited to the following matters: (1) the value of the land and business carried on at North Cowton and Allerton Grange; and (2) the nature and extent of any liabilities of the businesses carried on at North Cowton and Allerton Grange and/or which are secured on the land at North Cowton and/or Allerton Grange and/or Marton-cum-Grafton and/or upon any other assets.

Simon provided additional disclosure on 18 December 2024. He made a witness statement dated 3 February 2025 and disclosed two further documents at that time. He then made a further witness statement dated 27 February 2025 which principally concerned the land at Marton-cum-Grafton (“the Marton land”) and exhibited five further documents. Richard disclosed two bank statements on 19 December 2024 and made a witness statement dated 7 March 2025 responding to certain points raised in Simon’s evidence to which Simon responded in a further witness statement dated 12 March 2025. Although these witness statements were all served late, the parties proceeded on the basis that I should consider their contents and I summarise this evidence so far as necessary below. I bear in mind that neither Simon nor Richard was cross-examined at the remedy hearing in relation to their further evidence and as a consequence I place greater reliance on those parts of their evidence which are supported by documentary evidence.