Aldouse LJ discussed the doctrine of election: ‘The doctrine of election is one where a party is held to an informed decision. It is not to be confused with estoppel or acquiescence where the court looks at the actions of both parties and ascertains whether it would be unconscionable for one party to take an action . . . It is a practical doctrine which requires a person who takes a course of action with full knowledge of his right to stand by his decision. He cannot blow hot and cold. ‘
Judges:
Aldous LJ
Citations:
[1998] EWCA Civ 260, (1998) 78 P and CR 108
Jurisdiction:
England and Wales
Cited by:
Cited – John Roberts Architects Ltd v Parkcare Homes (No. 2) Ltd TCC 25-Jul-2005
The defendant had taken a dispute to adjudication, but then abandoned those proceedings, upon which the adjudicator awarded costs against the defendant which the claimant now sought to enforce. The defendant argued that the award was outside the . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 14 November 2022; Ref: scu.143738