Category: estoppel

Prime Sight Ltd v Lavarello – WLR Daily

Posted January 10th, 2014 in contracts, estoppel, law reports, trustees in bankruptcy, winding up by tracey

Prime Sight Ltd v Lavarello [2013] UKPC 22; [2013] WLR (D) 514

‘When a deed contained a valid contract of sale the parties were entitled on ordinary contractual principles to rely on the terms of the deed by which the purchase price was treated between the parties as having been paid, even though no payment had in fact been made. In those circumstances the seller’s trustee in bankruptcy was estopped by the terms of the deed from asserting that the purchase price had not been paid.’

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

Preserving your right to claim elsewhere: new rule 52 – No. 5 Chambers

Posted September 19th, 2013 in courts, employment tribunals, estoppel, news, regulations, tribunals by sally

“Charles Crow considers how Claimants can move their cases between the Tribunal and the Court without getting caught by the doctrine of estoppel.”

Full story

No. 5 Chambers, 16th September 2013

Source: www.no5.com

High Court backs litigation funder’s decision to terminate agreement – Litigation Futures

Posted September 16th, 2013 in costs, estoppel, news, solicitors, third parties by tracey

“The High Court has ruled that a third-party litigation funder was entitled to terminate its funding in a case where the prospects of success had fallen below 60%.”

Full story

Litigation Futures, 16th September 2013

Source: www.litigationfutures.com

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) – WLR Daily

Posted July 5th, 2013 in airlines, damages, EC law, estoppel, law reports, patents, Supreme Court by tracey

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd):[2013] UKSC 46;   [2013] WLR (D)  265

“Where judgment was given in an English court that a patent, whether English or European, was valid and infringed, and the patent was subsequently retrospectively revoked or amended, whether in England or at the European Patent Office, the defendant was entitled to rely on the fact of the revocation or amendment on an inquiry as to damages in respect of the unamended patent.”

WLR Daily, 3rd July 2013

Source: www.iclr.co.uk

Christou and another v Haringey London Borough Council – WLR Daily

Posted March 15th, 2013 in abuse of process, appeals, disciplinary procedures, estoppel, law reports, local government, unfair dismissal by tracey

Christou and another v Haringey London Borough Council: [2013] EWCA Civ 178;   [2013] WLR (D)  97

“The doctrine of res judicata did not apply to disciplinary procedures operated by an employer, nor did the related doctrine of abuse of process apply as such, but an employment tribunal considering a claim for unfair dismissal following a second disciplinary process would have to decide whether it had been fair to institute that second process.”

WLR Daily, 12th March 2013

Source: www.iclr.co.uk

Financial Services Authority v Asset L I Inc (trading as Asset Land Investment Inc) and others – WLR Daily

Posted February 13th, 2013 in estoppel, financial regulation, hearsay evidence, law reports, news by sally

Financial Services Authority v Asset L I Inc (trading as Asset Land Investment Inc) and others [2013] EWHC 178 (Ch); [2013] WLR (D) 54

“Arrangements amounting to collective investment schemes within the meaning of section 235 of the Financial Services and Markets Act 2000, or more generally, were not inchoate or imperfect contracts that were displaced if their parties entered into a form of understanding or contract.”

WLR Daily, 8th February 2013

Source: www.iclr.co.uk

Estoppel and unconscionability – NearlyLegal

Posted November 12th, 2012 in estoppel, local government, news, rights of way, roads by sally

“In Joyce v Epsom & Ewell BC [2012] EWCA Civ 1398, the Court of Appeal were faced with a not dissimilar case to the classic Crabb v Arun DC [1976] 1 Ch 179, at least in so far as it was a claim to an easement against a local authority by way of proprietary estoppel.”

Full story

NearlyLegal, 9th November 2012

Source: www.nearlylegal.co.uk

Edgerton v Edgerton and another – WLR Daily

Posted February 28th, 2012 in appeals, estoppel, financial provision, law reports by tracey

Edgerton v Edgerton and another: [2012] EWCA Civ 181;  [2012] WLR (D)  47

“Where the High Court had made a final decision which was binding on the parties and conclusively determined the ownership of assets, the parties were estopped from arguing in proceedings in another division of the High Court that the ownership of the disputed assets was different. If one party wished to argue that the earlier decision should not bind the parties because it had been obtained by fraud or collusion, the proper course was to apply to set aside the first judgment.”

WLR Daily, 24th February 2012

Source: www.iclr.co.uk

Ing Bank NV v Ros Roca SA – WLR Daily

Posted April 5th, 2011 in appeals, banking, estoppel, fees, law reports by sally

Ing Bank NV v Ros Roca SA [2011] EWCA Civ 353; [2011] WLR (D) 122

“A shared assumption on the facts surrounding a disputed fee agreement between a company and a bank acting as financial adviser, which was not reflected in the agreement, that the fees would not be calculated with reference to a particular ratio mentioned in the agreement, was enough to found an estoppel by convention so as to prevent the bank claiming a fee based on the disputed ratio.”

WLR Daily, 31st March 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Carer who ‘bullied’ elderly auctioneer loses battle for £2.3million share of his fortune – Daily Telegraph

Posted January 21st, 2011 in estoppel, misrepresentation, news, undue influence by sally

“A ‘dictatorial’ carer who bullied an elderly auctioneer who sold the Duchess of Windsor’s jewellery lost a court battle for a £2.3million share of his fortune after she was condemned as a brazen liar by a judge.”

Full story

Daily Telegraph, 20th January 2011

Source: www.telegraph.co.uk

Regina (Coke-Wallis) v Institute of Chartered Accountants in England and Wales – WLR Daily

Posted January 20th, 2011 in disciplinary procedures, estoppel, law reports, public interest by sally

Regina (Coke-Wallis) v Institute of Chartered Accountants in England and Wales [2011] UKSC 1 ; [2011] WLR (D) 3

“The principles of cause of action estoppel applied to successive complaints before a professional disciplinary body. Whether, and in what circumstances, a public interest exception should be recognised to the strict application of those principles in the disciplinary context was a matter for Parliament not the courts.”

WLR Daily, 19th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fisher v Brooker and another – WLR Daily

Posted August 3rd, 2009 in artistic works, copyright, delay, estoppel, law reports by sally

Fisher v Brooker and another [2009] UKHL 41; [2009] WLR (D) 274

“When a claimant did not, for almost 40 years, assert his right to a share of the copyright in intellectual property, his claim could not be defeated by the doctrines of estoppel or laches when the defendants had suffered no detriment by acting in reliance on the assumption that he had no claim but, on the contrary, had derived a financial benefit far outweighing any detriment resulting from the claimant’s delay.”

WLR Daily, 31st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan – WLR Daily

Posted July 22nd, 2009 in arbitration, estoppel, jurisdiction, law reports, Pakistan by sally

Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan [2009] EWCA Civ 755; [2009] WLR (D) 2

“When a court was reviewing an international arbitration award made under ss 100–103 of the Arbitration Act 1996 careful attention was to be accorded to the type of hearing and the standard of proof required to establish that an award was “not valid” for the purposes of s 103(2)(b) of the 1996 Act. Further, when an assertion of estoppel was made, going to the matter of non-validity, the fact that the jurisdiction of the arbitral tribunal was founded on consent, rather than legislation, could be critical.”

WLR Daily, 21st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Francois v Hutchison 3G UK Ltd – WLR Daily

Posted May 18th, 2009 in employment tribunals, estoppel, law reports by sally

Francois v Hutchison 3G UK Ltd [2009] EWCA Civ 405; [2009] WLR (D) 154

“On an application to review a decision rejecting a claim form for procedural non-compliance, where the claimant’s grounds included administrative error and the interests of justice, an employment judge should not limit his consideration to administrative error, but should consider whether, in all the circumstances, the interests of justice required a review.”

WLR Daily, 15th May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Thorner v Major and others – WLR Daily

Posted March 26th, 2009 in estoppel, intestacy, law reports by sally

Thorner v Major and others [2009] UKHL 18; [2009] WLR (D) 111

“Oblique assurances by a farmer of an intention to leave a farm to a cousin, who had worked full-time without any remuneration on the farm for 29 years, could constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel when the farmer ultimately died intestate.”

WLR Daily, 25th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Thorner v Major and Others – Times Law Reports

Posted March 26th, 2009 in estoppel, intestacy, law reports by sally

Thorner v Major and Others

House of Lords

“Oblique assurances could in the appropriate context constitute a sufficiently clear and unequivocal representation to establish a proprietary estoppel.”

The Times, 26th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Cobbe v Yeoman’s Row Management Ltd and Another – Times Law Reports

Posted September 8th, 2008 in constructive trusts, contracts, estoppel, law reports by sally

Cobbe v Yeoman’s Row Management Ltd and Another

House of Lords

“Where the claimant had entered into an oral agreement with defendants in connection with the redevelopment of their property, their unconscionable behaviour in withdrawing from the agreement once planning permission for the redevelopment had been obtained did not result in a proprietary estoppel or a constructive trust in favour of the claimant.”

The Times, 8th September 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only availabe free on Times online for 21 days from the date of publication.

Cobbe v Yeoman’s Row Management Ltd and another – WLR Daily

Posted August 18th, 2008 in constructive trusts, contracts, estoppel, law reports by sally

Cobbe v Yeoman’s Row Management Ltd and another [2008] UKHL 55; [2008] WLR (D) 293

“A claimant who had entered into an oral agreement with the defendants in respect of the redevelopment of a property had no claim against them in proprietary estoppel or constructive trust based on their unconscionable withdrawal from the agreement, but was entitled to a quantum meruit in respect of money and services which he had provided.”

WLR Daily, 15th August 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICRL series the corresponding WLR Daily summary is removed.

Newport City Council v Charles – Times Law Reports

Posted August 11th, 2008 in estoppel, housing, law reports by sally

Newport City Council v Charles

Court of Appeal

“A council tenant who concealed his mother’s death for three years in order to avoid being moved to a different property could not be ousted on that ground because the time limit for doing so had expired before the local authority discovered his mother had died.”

The Times, 11th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Newport City Council v Charles – WLR Daily

Posted July 22nd, 2008 in estoppel, housing, law reports by sally

Newport City Council v Charles; [2008] WLR (D) 245

“A local authority’s right to possession against a person succeeding to a tenancy on the death of a family member other than a spouse on the ground that the accommodation was more than he reasonably required was not an interest in land capable of giving rise to a proprietory estoppel against the tenant. Accordingly, a tenant who concealed his mother’s death for three years in order to avoid being moved to a different property could not be ousted on that ground because the time limit for doing so had expired before the local authority discovered his mother had died.”

WLR Daily, 21st July 2008

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.