Jurisdiction(s):
United Kingdom

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Key definition

Estoppel definition

What does Estoppel mean? In practice, estoppel prevents a party from denying or reversing a state of affairs where, by words or conduct, it induced another to rely on it, and it would be unjust to allow that party to resile. It is primarily a case-law doctrine (equitable and common-law) rather than statutory, used across contract, property and civil procedure. Core elements commonly include: a clear representation or assurance; reasonable reliance; a change of position or detriment; and unconscionability. Main forms include: - Estoppel by representation of fact (common law). - Promissory estoppel (equity): typically suspends enforcement of existing rights and is generally a defence, not a...

Contractual estoppel in English law: leading cases on non-reliance/basis clauses, misrepresentation, recitals and capacity (2006-2024)

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Practice notes

The doctrine of contractual Estoppel has been employed in a number of varied commercial scenarios, but most notably and particularly in more recent times in Disputes within the financial sector. This Practice Note identifies several key cases since the 2006 Court of Appeal decision in Peekay v ANZ Banking Group. It should be carefully read in conjunction with Practice Note: Contractual estoppel.

Peekay v ANZ Banking Group (2006)

The Court of Appeal’s ruling in Peekay v ANZ Banking Group is widely regarded as the foremost and controlling Authority on contractual estoppel. The claimant executed a ‘Risk Disclosure Statement’ for investments arranged through the defendant bank, recording an acknowledgement that the signatory fully appreciated the nature of the transaction and the contractual relationship then being entered into by it at the time. The Court of Appeal held that, in light of this, the claimant could not later contend or maintain that it had been induced to contract by a misrepresentation as to the nature of the investments it was entering into.

See Practice Note: Contractual estoppel—What is contractual estoppel?

Chase v Springwell (2008 and 2010)

This is widely considered the second landmark decision on contractual estoppel, in which the principles set...

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