Estoppel by Representation in UK Law

Leading Cases
  • Amalgamated Investment & Property Company Ltd v Texas Commerce International Bank Ltd
    • Court of Appeal (Civil Division)
    • 31 Julio 1981

    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.

  • Freeman & Lockyer (A Firm)(Plaintiffs) Buckhurst Park Properties (Mangal) Ltd and Shiv Kumar Kapoor (Defendants)
    • Court of Appeal
    • 24 Enero 1964

    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.

  • Steria Ltd v Ronald Hutchison
    • Court of Appeal (Civil Division)
    • 24 Noviembre 2006

    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.

  • Lokumal (K.) & Sons (London) Ltd v Lotte Shipping Company Pte. Ltd (August Leonhardt)
    • Court of Appeal (Civil Division)
    • 21 Marzo 1985

    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.

  • National Westminster Bank Plc v Somer International (UK) Ltd
    • Court of Appeal (Civil Division)
    • 22 Junio 2001

    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.

  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 Diciembre 2000

    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.

  • Gillett v Holt
    • Court of Appeal (Civil Division)
    • 08 Marzo 2000

    Moreover the fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine.

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Legislation
  • Land Registration Act 2002
    • UK Non-devolved
    • 1 de Enero de 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 ... ...
  • Copyright, Designs and Patents Act 1988
    • UK Non-devolved
    • 1 de Enero de 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 ... ...
  • The Land Registration Rules 2003
    • UK Non-devolved
    • 1 de Enero de 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 ... ...
  • Poor Law Act 1927
    • UK Non-devolved
    • 1 de Enero de 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) ... ...
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Books & Journal Articles
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Law Firm Commentaries
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