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Wednesday 14 May 2014

Eirian Davies’ estoppel claim to £7 million farm upheld by Court of Appeal

Leslie Blohm QC represents Eirian Davies as her estoppel claim for an interest in her parents’ £7 million farm is upheld by the Court of Appeal

Leslie Blohm QC, a member of St John's Chambers Wills, Trusts and Probate team was instructed by Wiljo Salen of Hugh James, Cardiff to represent Eirian Davies both at trial and on appeal, in her £7 million farm battle.
The Court of Appeal has upheld the claim of Carmarthenshire farmers’ daughter, Eirian Davies, to an interest in her parents’ £7 million farm and pedigree Holstein/Friesian milking herd. The claim is the latest in a line of actions brought by relatives who have  worked on farms, often for many years, for long hours and at low or no pay, on the basis that they would succeed to the farm in due course.
Eirian Davies’ parents who have owned and run the farm since 1961 disputed all of her daughter’s allegations that promises had been made to her, and that she had relied on those promises to her detriment – all matters that had to be proved for her to succeed.  The Court of Appeal approved the judgment of HHJ Milwyn Jarman QC who heard evidence over three days in Cardiff last June, in favour of Ms. Davies. The case illustrates the complex factual findings that a Court must make in respect of matters that often arose informally, in private and many years ago. Unless settled by agreement, the case will now proceed to a further hearing where Eirian Davies’  entitlement will be decided.
Download detailed discussion about this case: Estoppel and detrimental reliance
View profile: Leslie Blohm QC





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