The following Dispute Resolution practice note produced in partnership with Nicholas Macklam of Radcliffe Chambers provides comprehensive and up to date legal information covering:
This Practice Note discusses contractual estoppel as it has evolved from the decision in Peekay v ANZ Banking Group. For a summary of the key decisions concerning contractual estoppel since Peekay Intermark v ANZ Banking Group, see Practice Note: Contractual estoppel—the authorities.
Before discussing what has become known as contractual estoppel in detail, it is helpful to begin with a reminder of the nature of estoppel generally, taken from the dicta of Lord Denning MR in Amalgamated Investment v Texas Commerce (at 584) (as cited with apparent approval by Lord Bingham in Johnson v Gore Wood):
‘…When the parties to a transaction proceed on the basis of an underlying assumption (either of fact or of law, and 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 one of them does seek to go back on it, the courts will give the other such remedy as the equity of the case demands.’
Similarly, in ING Bank v Ros Roca, Lord Justice Carnwath (as he then was) cited with approval Lord Steyn's dicta in Republic of India v India Steamship Co (at 391) as
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What are OFTOs?Offshore Transmission Owners (OFTOs) are the owners of offshore transmission assets which connect offshore wind farms to the onshore electricity network. The transmission assets comprise everything between the offshore point of connection with the generating wind farm assets and the
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
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