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 Jul 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.

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

  • Troop and another v Gibson and another
    • Court of Appeal (Civil Division)
    • 19 Dic 1985

    In all cases the representation or statement must be sufficiently clear; and, since the doctrine of estoppel, when applied, deprives a party of the ability to enforce a legal right for the period of time and to the extent required by the equity which the estoppel has raised, the clarity required will seldom fall below what is unequivocal for the relevant purpose.

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

    When it comes to estoppel by representation or promissory estoppel, it seems to me very unlikely that a claimant would be able to satisfy the test of unconscionability unless he could also satisfy the three classic requirements.

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

  • Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd
    • Court of Appeal (Civil Division)
    • 06 Abr 2006

    For example, it may be desirable to settle a disagreement as to an existing state of affairs in order to establish a clear basis for the contract itself and its subsequent performance. Where parties express an agreement of that kind in a contractual document neither can subsequently deny the existence of the facts and matters upon which they have agreed, at least so far as concerns those aspects of their relationship to which the agreement was directed.

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

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Legislation
  • Copyright, Designs and Patents Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ......of a resolution of either House of Parliament. S-62 . Representation of certain artistic works on public display. 62 Representation of certain ...the operation of the general law of contract or estoppel in. relation to an informal waiver or other transaction in relation. to ......
  • Land Registration Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ...... S-83 . Crown and Duchy land: representation 83 Crown and Duchy land: representation . . (1) With respect to a ...estoppel for the registered proprietor to seek to dispossess the. applicant, but ......
  • 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. law ...estoppel. S-110 . Derivative settlements. 110 Derivative settlements. . (1) ......
  • Tribunals, Courts and Enforcement Act 2007
    • UK Non-devolved
    • 1 de Enero de 2007
    ...... . (3) In the case of a tenancy by estoppel, a person is "entitled to the immediate reversion" if he is entitled to it ... order, the county court must have regard to any representations made— . (a) by any person about why the order should not be made, or. . ......
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Books & Journal Articles
  • REVIEWS
    • Núm. 30-3, Mayo 1967
    • The Modern Law Review
    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....
  • Tenancies and Estoppel ‐ After Bruton v London& Quadrant Housing Trust
    • Núm. 63-3, Mayo 2000
    • The Modern Law Review
    ......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 ......
  • Equitable Estoppel Today
    • Núm. 15-3, Julio 1952
    • The Modern Law Review
    ...... In the first place, although estoppel by representation has become a fcaturc of the common law,3 that has happcncd by way of common law adoption of principles worked out in the ......
  • THE PROBLEM PROMISSORY NOTE: A QUESTION OF ESTOPPEL
    • Núm. 22-2, Marzo 1959
    • The Modern Law Review
    ...... in the hands of the payee (estoppel by negligence) or on the basis of ostensible ownership (estoppel by representation). Of the two possible pleas the latter is the easier to maintain, for although there is no binding decision on the ......
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Law Firm Commentaries
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