Estoppel by Representation in UK Law
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Amalgamated Investment & Property Company Ltd v Texas Commerce International Bank Ltd
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When the parties to a transaction proceed on the basis of an underlying assumption—either of fact or of law—whether due to misrepresentation or mistake makes no difference—on which they have conducted the dealings between them—neither of them will be allowed to go back on that assumption when it would be unfair or unjust to allow him to do so. If he does seek to go back on it, the courts will give the other such remedy as the equity of the case demands.
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Freeman & Lockyer (A Firm)(Plaintiffs) Buckhurst Park Properties (Mangal) Ltd and Shiv Kumar Kapoor (Defendants)
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An "apparent" or "ostensible" authority, on the other hand, is a legal relationship between the principal and the contractor created by a representation, made by the principal to the contractor intended to be and in fact acted upon by the contractor, that the agent has authority to enter on behalf of the principal into a contract of a kind within the scope of the "apparent" authority, so as to render the principal liable to perform any obligations imposed upon him by such contract.
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Steria Ltd v Ronald Hutchison
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Even this formulation is relatively broad brush, and it should be emphasised that there are many qualifications or refinements which can be made to it.
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Lokumal (K.) & Sons (London) Ltd v Lotte Shipping Company Pte. Ltd (August Leonhardt)
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All estoppels must involve some statement or conduct by the party alleged to be estopped on which the alleged representee was entitled to rely and did rely. Similarly, in cases of so-called estoppels by convention, there must be some mutually manifest conduct by the parties which is based on a common but mistaken assumption.
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National Westminster Bank Plc v Somer International (UK) Ltd
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In Skyring –vGreenwood, indeed, it is not clear that there was evidence of any detrimental reliance, the court simply assuming that it had taken place. However, the two defences will remain distinct, unless or until the House of Lords rules otherwise.
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Johnson v Gore Wood & Company (A Firm)
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That is to adopt too dogmatic an approach to what should in my opinion be a broad, merits-based judgment which takes account of the public and private interests involved and also takes account of all the facts of the case, focusing attention on the crucial question whether, in all the circumstances, a party is misusing or abusing the process of the court by seeking to raise before it the issue which could have been raised before.
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Gillett v Holt
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Moreover the fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine.
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Land Registration Act 2002
... ... 83: Crown and Duchy land: representation ... (1) ... that it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the applicant, but ... ...
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Copyright, Designs and Patents Act 1988
... ... 62: Representation of certain artistic works on public display ... as excluding the operation of the general law of contract or estoppel in relation to an informal waiver or other transaction in relation to any ... ...
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The Land Registration Rules 2003
... ... applies, the original grant of probate showing the chain of representation, to prove that the transferor is his personal representative, ... it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to assert his title to the ... ...
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Poor Law Act 1927
... ... (1) Where on any representation it appears to ... the Minister that the combination of two or more poor ... ) be presumed to be settled in a parish by reason ... of an estoppel ... Derivative settlements. 110 Derivative settlements ... (1) ... ...
- Estoppel by Representation in Administrative Law
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REVIEWS
Book reviewed in this article: Spencer Bower & Turner: Estoppel by Representation. Second edition by Sir Alexander Kingcome Turner. Cases and Materials on Constitutional and Administrative Law. By ...
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Elise Bant, THE CHANGE OF POSITION DEFENCE Oxford: Hart Publishing (www.hartpub.co.uk), 2009. xxviii + 264 pp. ISBN 9781841139654. £60.
... ... with her methodology, to discuss related defences and doctrines: estoppel by representation, payment over by an agent, and restitutio in integrum ... ...
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Tenancies and Estoppel ‐ After Bruton v London& Quadrant Housing Trust
... ... The authorities 6 describe a tenancy by estoppel as a different creature from the more familiar estoppel by representation, as a development from the doctrine of estoppel by deed, 7 but extended in the field of landlord and tenant to all grants whether merely written or ... ...
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No Binding Arbitration Agreement; Renewed Importance Of The Classic Principles Of Construction And Interpretation
... ... implied agreement to the same effect or as a result of an estoppel ... by representation or convention. The estoppel that ESL relied upon ... ...
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Acceptance Certificate Precludes Claim For Damages
... ... Comment.The High Court decision was the same but based on estoppel by representation (i.e. a detailed examination of the contract and ... ...
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When Is An Unregulated Agreement Not An Unregulated Agreement? The Perils Of Offering Added Protections
... ... they amounted to a "shared assumption" for the purposes of estoppel by convention or constituted representations such as to found estoppel by representation ... The decision and judge's reasoning ... Considering the wording of ... ...
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The Pensions Brief: February 2024
... ... partner to a survivor's pension, a defence of estoppel by ... representation applied because: ... The scheme had made a clear and ... ...