Peter Gibson J sad: ‘Thus the court is not so rigid and inflexible as to insist on the parties being held to an assumed and incorrect state of fact or law when there is no injustice in allowing a party to resile therefrom (see, for example, Multon v. Cordell (1988) 277 Estates Gazette 198). Further, if the estoppel applies it will do so only ‘for the period of time and to the extent required by the equity which the estoppel has raised’ (per Ralph Gibson LJ in Troop v. Gibson at p.1144). Thus, once a common assumption is revealed to be erroneous the estoppel would not apply to future dealings between the parties (per Purchas LJ in the same case at p.1144).’
Peter Gibson J
Unreported Feb 5th 1987
England and Wales
Cited by:
Approved – Hiscox v Outhwaite (No 1) HL 29-Jul-1991
An arbitration award is perfected in the place where the arbitrator signs it, irrespective of where the arbitration to place. If the award is signed in a country party to the 1958 convention, being and forcible as a conventional Ward under the . .
Cited – Jones and Another v Lydon and Others ChD 23-Aug-2021
No Estoppels Established to Override Majority
The parties were former members of a band, the Sex Pistols. They disputed the continued duty to accept the decision of the majority of its members as set out in a Band Membership Agreement. Mr Lydon asserted that over the years the obligation had . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 August 2021; Ref: scu.667377
