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Sledmore v Dalby

[1996] 72 P & CR 196

Case summary last updated at 09/01/2020 16:32 by the Oxbridge Notes in-house law team.

Judgement for the case Sledmore v Dalby

The plaintiff sought possession of a house. She had owned it with her late husband. The defendant lived in and had done much work on the house, but the deceased left it all to the plaintiff. She sought possession after the defendant paid no rent. CA Held: The will created no sufficient legitimate expectation to justify the claim of equitable interest on D’s part. The plaintiff's and defendants needs had to be balanced (D had only made minimal use of the house and had other accommodation, unlike P who had none), and an equitable remedy should not be used to create an injustice. The plaintiff's need was more pressing. D had lived in the house for 20 years rent free and the equity created by his expenditure had expired. 

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