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...

Option agreements—the need for a long-stop date

Option agreements—the need for a long-stop date Call options are frequently used by developers to secure a right to buy land if planning permission is obtained. Taking an option provides the developer with time to make and pursue a planning application before having to commit to paying for the land. The developer's initial outlay will be limited to payment of an option fee, which is essentially the sum agreed with the landowner as the price for agreeing not to sell the land elsewhere while the developer seeks planning permission. The developer is likely to incur significant expense in making and pursuing a planning application. High on the developer's list of priorities will be the inclusion of clauses allowing the developer to extend the option period if the planning process is still underway. Unless the option agreement or contract specifically allows for extensions of time, the time limit must be strictly adhered to. See Practice Note: Options—extending time for exercise. Option agreements commonly provide that the option period can be...

Property case tracker—2023 [Archived]

Property case tracker—2023 [Archived] The Property case tracker is a list of key judgments from 2023 which we consider relevant to property lawyers. Cases are listed in reverse chronological order. The tracker employs the following definitions: • AST: assured shorthold tenancy; • CVA: company voluntary arrangement; • FTT: First-tier Tribunal; • HMO: house in multiple occupation; • LPA: local planning authority; • NPPF: National Planning Policy Framework; • RRO: rent repayment order; • RTM: right to manage; • TCC: Technology and Construction Court; • UT: Upper Tribunal (Lands Chamber); • VTE: Valuation Tribunal for England See also the Property key future developments tracker, which tracks the progress and outcome of appeal cases, whereas this document provides a summary of all cases that we consider relevant to property lawyers. See further: • Property case tracker—2022 [Archived] • Property case tracker—2021 [Archived] • Property case tracker—2020 [Archived] December 2023 Case Judgment date Summary Clapham v Narga [2023] EWHC 3337 (Ch) 21 December 2023 Permission to appeal boundary decision The Chancery...

Discover our 366 Practice Notes on Estoppel

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...

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...

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

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Property Disputes weekly highlights—17 October 2024

This week's edition of Property Disputes weekly highlights includes: progress of the Renters’ Rights Bill including a call for evidence, High Court decisions on restructuring plans, the requirements for a successful proprietary estoppel claim, injunctions to restrain anticipated protests at airports, and the legal test for quia timet injunctive relief.

Private Client weekly highlights—17 October 2024

This week’s edition of Private Client highlights includes: (1) Morris v Morris, in which the court held that the forfeiture rule did not apply in the particular circumstances of the case; (2) HMRC updates form IHT435 and guidance on IHT100 suite of forms; (3) Cleave v Cleave, which considered the requirements for a proprietary estoppel claim when dealing with a trust of land; (4) Lime and Black v Mistry, where a de facto director was held liable for a company’s losses); (5) the Competition and Markets Authority new consumer law guidance for unregulated legal services, including will-writing and pre-paid probate services; and (6) Trustees of Panico Panayi Accumulation and Maintenance Settlements No 1 to 4 v HMRC, in which the Upper Tribunal applied conforming interpretation of exit tax legislation.

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