Taylor Fashions Ltd v Liverpool Victoria Trustees Co Ltd
Open-knowledge reference entry
Taylor Fashions Ltd and Old & Campbell Ltd v Liverpool Victoria Trustees Co Ltd [1979] is a leading case in English land law on proprietary estoppel. Due to a common mistake and no element of enticement to believe that mistake, estoppel was not available on the facts.
Facts
The claimants were two companies, Taylor Fashions Ltd and Old & Campbell Ltd, who held leases on two business premises on Westover Road, Bournemouth. Both companies asked to have their leases renewed by their landlord, the Liverpool Victoria Trustees Co Ltd. All parties had assumed that the two leases were accompanied by a statutory right of renew when they came to an end. Based on this assumption, both of the claimant companies had spent money improving their premises. However, it transpired that Liverpool Victoria was under no legal obligation to renew. The claimants argued that Liverpool Victoria should be estopped from not renewing, based on their reliance. In response, Liverpool Victoria argued that estoppel was not relevant because they had not acted unconscionably but simply by mistake.
Judgment
Oliver J noted that Mr Scott and Mr Essayan for the claimants said: one’s state of mind was irrelevant.
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