swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Estoppel - From: 2004 To: 2004
This page lists 5 cases, and was prepared on 27 May 2018.
Rockwater Ltd v Technip France Sa (Formerly Coflexip Sa), Technip Offshore UK Limited (Formerly Coflexip Stena Offshore Limited) [2004] EWCA Civ 381; [2004] RPC 46
1 Apr 2004
CA
Pill LJ, Mummery LJ, Jacob LJ
Intellectual Property, Estoppel
1 Citers
[ Bailii ]
Geoffrey Allan Chadwick, Sylvia Joyce Chadwick, Edward James Chadwick v Abbotswood Properties Ltd, Gordon Leonard Hauser, Pamela Ann Hauser, Rectory Pump Ltd [2004] EWCH 1058 (Ch); [2004] All ER (D) 213
18 May 2004
ChD
The Honourable Mr Justice Lewison
Registered Land, Estoppel
Between to new houses was a steep bank. Who owned it? Before the transfer there had been different plans and much correspondence. Held: Where there was doubt as to the extent of land transferred, the court could look to the physical boundaries and characteristics of the property. The Land Registry plan showed the boundary at the top of the bank. This matched a later boundary fence. Though the parties had orally agreed that the boundary should be at the foot of the bank, the precise location of the fence was identified, and a fence was erected in the agreed position. It would now be unconscionable for the Chadwicks to assert a claim to ownership of the bank.
1 Cites
[ Bailii ]
Uglow v Uglow and others [2004] EWCA Civ 987; [2004] WTLR 1183.
27 Jul 2004
CA
Lord Justice Mummery, Lord Justice Waller Lord Justice Jonathan Parker
Wills and Probate, Estoppel
The deceased had in 1976 made a promise to the claimant. The promise was not honoured in the will, and the claimant asserted a proprietary estoppel. Held: The judge was right to have found that the promise was bound up with the claimant being a partner in part of the farm. That partnership had later foundered. The earlier assurance was not irrevocable, and no estoppel arose.
1 Cites
1 Citers
[ Bailii ]
Wormall v Wormall [2004] EWCA Civ 1643; Times, 01 December 2004
25 Nov 2004
CA
May LJ, Jonathan Parker LJ, Neuberger LJ
Estoppel, Landlord and tenant
The father had allowed his daughter to run her business from the family farm. The mother and father came to divorce, and the father required vacanat possession of the farm so that he could sell it to satisfy his liabilities in the ancillary relief award. The daughter claimed compensation for disturbance, saying he was estopped from denying her a tenancy. Held: Though the circumstance might give rise to an estoppel, in the contect of the ancillary relief award, it would be wrong to call upon the father to pay the daughter compensation.
1 Cites
[ Bailii ]
Ernst Kastner v Marc Jason, Davis Sherman, Brigitte Sherman [2004] EWCA Civ 1599; Times, 21 December 2004
2 Dec 2004
CA
Lord Justice Clarke The Lord Chief Justice Of England &Amp; Wales Lord Justice Rix
Land, Estoppel
The parties had agreed that their dispute should be resolved before the Jewish Beth Din according to Jewish substantive and procedural law. K was granted an interim freezing order. The defendant sold the asset, and K sought to assert a charge. Held: Jewish law specifically provide that the decision of the Beth Din operated in personam only. Such an order could not be translated into an order in rem by seeking to enforce the award in the English Courts. Mr Jason's submission to the Beth Din and its orders could not translate into a proprietary estoppel or constructive trust. English law is not relevant for the purpose of discovering a remedy which Jewish law does not provide.
Arbitration Act 1996 48
1 Cites
[ Bailii ]
