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 been overridden, establishing certain estoppels in his favour.
Held: After consideration of the many events, it was not established as asserted by Mr Lydon that the agreement has been overridden in such a way as to give rise to an estoppel, and the action failed. The defendant’s application to amend his pleadings also failed.

Sir Anthony Mann
[2021] EWHC 2321 (Ch)
England and Wales
CitedHM Revenue and Customs v Benchdollar Ltd and Others ChD 11-Jun-2009
Limitation and estoppel in claims for arrears of national insurance contributions
Briggs J said: ‘In my judgment, the principles applicable to the assertion of an estoppel by convention arising out of non-contractual dealings . . are as . .
CitedTinkler v Revenue and Customs SC 30-Jul-2021
Whether the Respondent is estopped by convention from denying that HMRC had opened a valid enquiry when HMRC had sent the notice to the wrong address and the Respondent’s accountants had interacted with HMRC on the basis an enquiry had been . .
CitedHiscox 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 . .
CitedRepublic of India and Another v India Steamship Co Ltd (Indian Endurance and Indian Grace) (No 2) HL 23-Oct-1997
When a action in rem against a ship was in fact parallel to an action in personam begun in India and awaiting a decision; an action was not to be allowed here.
Lord Steyn: ‘It is settled that an estoppel by convention may arise where parties to . .
CitedHamel-Smith v Pycroft and Jetsave Ltd 5-Feb-1987
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 . .
CitedSpliethoff’s Bevrachtingskantoor Bv v Bank of China Ltd ComC 17-Apr-2015
Claims under refund guarantees
Carr J DBE said: ‘The legal requirements of an estoppel by representation of fact are well known: (i) a representation which is in law deemed a representation of fact, (ii) that the precise representation was in . .
CitedHarvey v Dunbar Assets Plc CA 13-Feb-2017
This appeal raises an issue of principle in the law of bankruptcy on which there is no previous authority directly in point. If:
(a) a debtor’s application to set aside a statutory demand (‘SD1’) is dismissed on the merits, by application of . .
CitedSu Ling v Goldman Sachs International ComC 26-Mar-2015
Application for leave to amend particulars of claim.
Carr J set out the principal factors which the court should take into account on an application to amend: ‘a) whether to allow an amendment is a matter for the discretion of the court. In . .
CitedLiberty Insurance Pte Ltd and Another v Argo Systems Fze CA 15-Dec-2011
‘Saying nothing and ‘standing by’, ie. doing nothing, are, to my mind, equivocal actions. This court has stated that, in the absence of special circumstances, silence and inaction are, when objectively considered, equivocal and cannot, of . .

Lists of cited by and citing cases may be incomplete.

Contract, Estoppel

Updated: 31 October 2021; Ref: scu.667370