Kingsley & anr v Kingsley [2020] EWCA Civ 297

WTLR Issue: Summer 2020






The deceased and the respondent were siblings who co-owned farmland in equal shares and used it in a partnership between them (though it was not a partnership asset). After the deceased died, the respondent remained in occupation and continued to farm the land. His executors (the appellants) therefore applied for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).

Counsel details

Counsel Clifford Darton QC and Christopher Burrows (Ely Place Chambers, 13 Ely Place, London EC1N 6RY, tel 020 7400 9600, e-mail, instructed by Edward Harte Solicitors (6 Pavilion Parade, Brighton, East Sussex BN2 1RA, tel 01273 662 750, e-mail appeared on behalf of the appellants.

Caroline Shea QC and Catherine Taskis (Falcon Chambers, Falcon Court, London, EC4Y 1AA, tel 020 7353 2484, e-mail, instructed by Pellys (18 The Causeway, Bishop’s Stortford, Herts CM23 2EJ, tel 01279 758 080, email appeared on behalf of the defendant.

Cases referenced

Cases in bold have further reading - click to view.

  • Bagum v Hafiz [2016] Ch 241; [2015] WTLR 1303 Benge v Benge [2017] EWHC 2124 (Ch) James v United Kingdom (1986) 8 EHRR 123 Lie v Mohile [2014] EWHC 3709 (Ch) National Westminster Bank plc v Rushmer [2010] 2 FLR 362

Legislation referenced

Legislation in bold has further reading - click to view.

  • Conventions referred to European Convention on Human Rights, Art 1 Protocol 1
  • Human Rights Act 1998 Leasehold Reform Act 1967 Partnership Act 1890, s39 Trusts of Land and Appointment of Trustees Act 1996, ss6, 14, and 15