Tag Archives: Estoppel

Party could not enforce contractual right to recover overpayments where established convention to charge on non-contractual basis

The High Court held that a social landlord was estopped from deducting overpayments it had made to a contractor, according to the contractual pricing and payment mechanism, from later payments to the contractor. The decision illustrates some of the problems … Continue reading

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Filed under Contract

Commercial Court considers when contracting party may have duty to make disagreement known

The Commercial Court has recently considered when a party may have a duty to correct a mistake or assumption by its counterparty under the principle of “estoppel by acquiescence”. This principle applies where one party acts on an assumption that … Continue reading

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Filed under Contract, Miscellaneous

Exclusive jurisdiction clause won’t necessarily prevent grant of stay where there are related proceedings, but makes it very unlikely

The Commercial Court has held that the existence of an exclusive jurisdiction clause in favour of the English court does not, when there are proceedings already underway in another EU member state, mean the two sets of proceedings cannot be … Continue reading

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High Court finds litigation funder was entitled to terminate funding agreement

In a rare decision on termination of a litigation funding agreement, the High Court has held that the funder validly terminated the agreement under a clause which allowed termination if in the funder’s reasonable opinion the claimant’s prospects of success … Continue reading

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Filed under Contract, Funding

High Court decision shows need to be clear whether settlement offer subject to contract

A recent High Court decision illustrates the importance of stating clearly that a settlement offer is intended to be subject to contract, where that is the case. Here the court found that the defendant’s letter setting out terms of settlement, … Continue reading

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Filed under Contract, Settlement

High Court decisions on admissibility of opinion evidence

In two recent decisions, the High Court has considered the circumstances in which opinion evidence contained in third party reports or articles is admissible in civil proceedings. In Rogers v Hoyle [2013] EWHC 1409 (QB), the court had to consider whether … Continue reading

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Filed under Evidence, Experts

Recent case law on expert determination

There has been a spate of recent case law relating to expert determination. In this post James Farrell, Emily Lew and Michael Mendelblat consider three judgments in which the court had to decide whether to stay legal proceedings in favour … Continue reading

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Filed under ADR, Contract

Supreme Court confirms new exception to the ‘without prejudice’ rule

In its judgment handed down on 27 October 2010 in Oceanbulk Trading & Shipping SA v TMT Asia [2010] UKSC 44, the Supreme Court added a new exception to the ‘without prejudice’ rule. It held that facts communicated between parties … Continue reading

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Filed under Privilege

Court of appeal overturns decision dealing with the impact of West Tankers

The Court of Appeal has overturned the Commercial Court’s judgment earlier this year in National Navigation v Endesa in a decision which, although more consistent with principles of comity, and with the reasoning of the ECJ in West Tankers, may … Continue reading

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Filed under Jurisdiction