Estoppel by Conduct in UK Law

  • No Estoppel Where Terms Subsequently Found To Apply And 'Payment On Account' Sufficient Reservation To Enable Recovery Of Mistaken Payments
    • Mondaq United Kingdom
    ...... promissory estoppel, both parties were unaware of Wincanton's rights, so it could not be said that Wincanton had made a representation by conduct or silence that it would not rely on them, nor could DRL be said to have relied on silence as being such a representation. Silence can only amount to ......
  • Reserving The Position
    • Mondaq UK
    ...... on the terms of its contract with another if, by its words and/or conduct, it is clear that it has agreed to a variation to, or waiver of, those ... Facts Consent to jurisdiction Estoppel No oral variations clauses Issue estoppel Conclusion Facts. In ......
  • Issue Estoppel and Abuse of Process
    • Mondaq United Kingdom
    ......Minet's stance was justified as the ambit of the pleaded case against it in the original action might have had a bearing on its conduct in the trial (including its agreement to co-operate with the Kennecott entities). . The Judge also found that there had been no agreement between ......
  • Abuse Of Process Issue Estoppel Applies Equally Within The Same Arbitral Proceedings. No Second Bites! - Simon Rainey QC
    • Mondaq UK
    ......Wood) and there was no error of law. Interestingly, by a majority, the Tribunal had also held that. DSME's conduct in representing repeatedly that the claim was. over if it lost on the preliminary issue which it proposed, in. order to induce Songa to agree to it ......
  • The Prevention of Abusive Cross-Border Re-Litigation
    • Mondaq United Kingdom
    ......First, there are the estoppel-based10 pleas which prevent contradiction of previously determined ... it is preferable to ask whether in all the circumstances a party's conduct is an abuse, rather than to ask whether the conduct is an abuse and then, ......
  • UK Supreme Court: NOM Clauses Invalidate Oral Variations of Contracts
    • JD Supra United Kingdom
    Judgment confirms the effectiveness of contractual provisions that prevent the parties from varying their contract orally. The Supreme Court of the United Kingdom recently held that an o...
    ...... invalid by virtue of the NOM clause unless the doctrine of estoppel applied (which, on the facts, it did not). Accordingly, he restored the ... clause with sufficient clarity to provide the representation or conduct necessary to found an estoppel. Further, in certain circumstances, parties ......
  • Between A Rock And A Hard Place?
    • Mondaq UK
    ...... for one party to deny the effectiveness of the variation based on estoppel - which is discussed further below. Lessons from Rock v MWB. The ... to have been set quite high, since it requires "some words or conduct unequivocally representing that the variation was valid notwithstanding ......
  • Establishing A Beneficial Interest In Property
    • Mondaq UK
    ...... intention to share the property can be inferred from the parties' conduct, which includes:. Contributions to the purchase price and/or mortgage ... 2. To establish proprietary estoppel. Proprietary estoppel applies where someone has acted to their ......
  • Varying a written contract: how effective is a "no oral modification" clause?
    • JD Supra United Kingdom
    The Supreme Court has upheld the effectiveness of a clause in an agreement providing that changes to the agreement must be in writing. Although the case arose in the context of a licence for servic...
    ...... aspects of that agreement later, including by oral agreement or conduct. . Facts. . Under the licence, Rock was due to pay a set licence fee ... the safeguard against injustice lies in the various doctrines of estoppel. These prevent (estop) a party from departing from statements or promises ......
  • Varying A Written Contract: How Effective Is A 'No Oral Modification' Clause?
    • Mondaq UK
    ...... aspects of that agreement later, including by oral agreement or conduct. Facts. Under the licence, Rock was due to pay a set licence fee every ... the safeguard against injustice lies in the various doctrines of estoppel. These prevent (estop) a party from departing from statements or promises ......
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