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Estoppel - From: 1991 To: 1991

This page lists 3 cases, and was prepared on 27 May 2018.


 
 Stokes v Anderson; CA 1991 - [1991] 1 FLR 391

 
 Arnold v National Westminster Bank Plc; HL 1991 - [1991] 2 AC 93; [1991] 3 All ER 41; [1991] 2 WLR 1177
 
Bank of Scotland v Wright [1991] BCLC 244
1991
ChD
Brooke J
Estoppel
A director of two companies (one a subsidiary of the other) had given the bank a written guarantee of the liability of the holding company (only); but under an "interavailable" facility backed by cross-guarantees (by the companies) the holding company was liable for the subsidiary's indebtedness to the bank. When the bank sued the individual guarantor for the whole of the corporate indebtedness there were two issues, the construction of the guarantee and (if the bank failed on that point) estoppel by convention. Held: The court decided the first point in favour of the bank, and said cautiously on the second (after referring to what Viscount Radcliffe said in Kok Hoong and to Humphries v Humphries [1910] 2 KB 531): "In the light of these authorities I would not exclude the possibility that circumstances might arise in which a guarantor might have acted in such a way as to create or influence the other party's mistaken belief in the effectiveness of his guarantee so that it would be unconscionable to allow him to rely on the Statute of Frauds. Such a finding would depend very much on the court's views, on the facts of any particular case, of the personalities and attributes of the two parties between whom the alleged estoppel was alleged to have arisen"
1 Cites

1 Citers


 
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