Estoppel Definition

GLOSSARY

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What does Estoppel mean?

The basic concept of an estoppel is that where a person (A) has caused another (B) to act on the basis of a particular state of affairs, A is prevented from going back on the words or conduct which led B to act on that basis, if certain conditions are satisfied.

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Probate actions—table of cases

Probate actions—table of cases Testamentary capacity Topic Case name Summary Author Testamentary capacity Leonard v Leonard (by her litigation friend Sharon Thompsett) [2024] EWHC 321 (Ch) News Analysis: High Court provides guidance on the test for testamentary capacity (Leonard v Leonard)The High Court provides analysis and clarification of the test in Banks v Goodfellow and reaffirms the role of expert evidence in capacity cases. George Vare, barrister at Serle Court Chambers Testamentary capacity Wilkinson and others v Hicken [2023] EWHC 1983 (Ch) News Analysis: Personality disorders and testamentary capacity—Will declared valid by High Court (Re Wilkinson)The presumption of capacity was not rebutted as although the testator’s decision to largely disinherit his children ‘may be considered unfair’, that decision was not irrational. Emma Fitzmaurice, senior associate solicitor at Freeths LLP Testamentary capacity Baker and another v Hewston [2023] EWHC 1145 (Ch) News Analysis: Can Banks v Goodfellow and the Mental Capacity Act 2005 be reconciled? (Baker and another v Hewston)The High Court reconciled the Mental Capacity Act...

Due diligence—restrictive covenants—checklist

Due diligence—restrictive covenants—checklist Title to land (both registered and unregistered) may show that the owner of the land, or a predecessor in title, has entered into covenants concerning all or part of the land. These covenants may be positive in nature (such as a covenant to maintain a fence) or restrictive (such as a covenant not to build next to a boundary). Covenants will always be enforceable between the original covenanting parties but a distinction is made between positive and restrictive covenants for the purposes of establishing their effect on successors in title to the original covenanting parties. This Checklist is for use as part of a due diligence exercise where a property is subject to and/or has the benefit of one or more restrictive covenants. These covenants may be: • imposed for the landowner’s own benefit; these are personal and are only enforceable by the original parties to the covenant unless expressly assigned to a third party • part of a scheme, such as a building scheme, where covenants...

Administration actions—personal representatives and the deceased's liabilities

Administration actions—personal representatives and the deceased's liabilities An individual may assume obligations, for example in respect of contracts, covenants, debts, duties and, generally, those obligations will subsist after the individual’s death and may be enforceable against the estate. Although the personal representatives (PRs) were not a party to the arrangements, they should understand their potential liability to avoid litigation (Hambly v Trott (1776) 1 Cowp 371). The effect of this survival of obligations depends on the form of obligations involved. Personal contracts The general rule is that the death of one of the parties to a contract does not discharge the contract. Where the contract is of a personal nature then, unless there has been a breach of the contract prior to the death, the general rule does not apply. Where there is already a subsisting right of action under the contract, or for breach of contract, the death of either party disapplies the rule. The effect of the general rule can be illustrated as follows: • an...

Misrepresentation—rescission as a remedy

Misrepresentation—rescission as a remedy This Practice Note sets out when and how an innocent party can rescind a contract for misrepresentation, why they would wish to do so and when rescission is not permissible. For guidance on when a party may recover damages for a misrepresentation or seek to limit/exclude liability for misrepresentation, see Practice Notes: • Misrepresentation—damages as a remedy • Misrepresentations—excluding and limiting liability for them Restitutionary payment consequent upon rescission The consequentials judgment of Baker J in Pisante v Logothetis considers in some detail the award of financial payment consequent upon the rescission of a transaction which the claimant had been induced to enter into by the defendants’ misrepresentation. In so doing the judge observed that: ‘28. [...] The complete undoing of the rescinded contract (restoration to the status quo ante) is a just response to the claimant’s proof that it was misled into giving its consent to that contract. It is not unfair or inequitable that, in certain circumstances, that can leave the claimant...

Discover our 366 Practice Notes on Estoppel

Agreement to suspend limitation—standstill agreement

Agreement to suspend limitation—standstill agreement This Agreement is dated [insert day] of [insert month] 20[insert year] Parties 1 [Insert full name and address of individual or company name, number and address of registered office] (Party A) 2 [Insert full name and address of individual or company name, number and address of registered office] (Party B) each a ‘Party’ and together the ‘Parties’ The parties agree: 1 Definitions and Interpretation Dispute • means any claim arising out of or connected with [Insert description of the dispute/circumstances giving rise to the dispute]. Proceedings • means court proceedings in England and Wales and any arbitration in relation to the Dispute. Period of Suspension • means the period which begins on the date of this Agreement and continues until it is terminated in accordance with clause 3. 1.1 Save where the context otherwise requires, in this Agreement: 1.1.1 words in the singular include the plural and vice versa; 1.1.2 reference to one gender includes a reference to the other genders; 1.1.3 any...

Ireland—Legal due diligence report—private M&A—share purchase

This report is a template legal due diligence report for use in connection with a proposed share purchase, to be prepared by the buyer's solicitors on the instructions of the buyer. This is a standard, long form (or detailed) report, which comprises a detailed review of the target group and its business. An ‘exceptions’ report is a shorter version of this report that details only exceptional matters of particular relevance to the proposed transaction and importance to the client generally. This may be preferable for the client in the circumstances of the transaction (eg there is a limited time available to conduct the review or the client has sufficient information on the target). However, clear instructions should be taken to ensure that the correct form of the report is prepared. Ireland—Legal due diligence report—private M&A—share purchase Project [insert project name] Prepared for [Insert addressee name] [Insert date of report] INDEX Report A. Introduction B. Executive summary C. Detailed report 1 Corporate and structural matters 2 Business and trading arrangements 3...

Dive into our 18 Precedents related to Estoppel

I have received a force majeure notice from my supplier, what do I do?

I have received a force majeure notice from my supplier, what do I do? The first thing to do is to unearth the relevant contract. The notice will have been served pursuant a force majeure clause in that contract. The second is to construe the clause. Force majeure clauses come in a great variety of forms. Its construction will depend on the particular contract and the particular business. Certain preconditions apply, eg are there stipulations as to the exercise of the clause, for example, does the supplier have to serve the notice within a particular time, or in a particular form. Has it observed these? If not, depending on the construction of the clause, the precondition may be classed as a condition precedent which would need to be followed to invoke the clause or as an intermediate term, the non-fulfilment of which does not deprive the supplier of the ability to invoke the clause. The customer needs to be careful not to waive such stipulations or...

Where parties enter into a contract for a loan in 2009 with no payment plan and no final date for repayment can court proceedings be commenced given the loan was to be paid back as soon as possible?

Where parties enter into a contract for a loan in 2009 with no payment plan and no final date for repayment can court proceedings be commenced given the loan was to be paid back as soon as possible? The court would ordinarily imply reasonable terms for repayment and if a reasonable period has passed and no payment made then the lender can sue. The real problem, however, is that the period of limitation is six years from the breach of the contract and this might have expired already given the loan was taken out in 2009. It depends on the amount borrowed and the reasonable amount of repayments whereby one can calculate the

See the 198 Q&As about Estoppel

When will a ‘GLO issue’ bind all parties on the group register? (Axa Sun Life plc v HMRC)

Dispute Resolution analysis: The Court of Appeal has clarified when a decision on a ‘GLO issue’ will bind parties on the group register, and when the court will exercise its discretion to ‘order otherwise’ under CPR 19.23(1). As a general rule, determination of a GLO issue will bind all other parties on the group register at the relevant time. The court needs a strong reason to depart from that general rule. The principles of res judicata found in issue estoppel provide a helpful guide to when the court can depart from the general rule and ‘order otherwise’. Written by Harriet Campbell, senior knowledge lawyer at Penningtons Manches Cooper LLP.

Banking and Finance weekly highlights—5 December 2024

This week's edition of Banking and Finance weekly highlights includes: (1) RICS announces updated Red Book Global Valuation Standards; (2) AFME releases report on UK capital markets; and (3) European Commission publishes FAQs on the EU taxonomy for sustainable economic activities.

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