Jurisdiction(s):
United Kingdom

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...

Estoppel by Representation and Convention in England and Wales: Elements, Reliance and Detriment, Communication and Responsibility, Statutory Limits, Sword-or-Shield Debate, Pleading Requirements and Key Recent Cases

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Practice notes

This Practice Note examines estoppel by representation and estoppel by convention (often regarded as a sub-species of estoppel by representation). For overarching guidance on what estoppel is and when it may be pleaded, see Practice Note: Estoppel—what, when and how to plead. For guidance on other forms of estoppel, see Practice Notes:

Contractual estoppel
Promissory estoppel
proprietary estoppel

Estoppel by representation—what is it?

Estoppel by representation arises where one party (A) makes, through words or behaviour, a unilateral assertion of fact or law to another (B), intending B to rely on it (or in circumstances where A’s conduct would lead a reasonable person to understand it was meant to be acted upon), and B does rely on it to their detriment. In that situation, A is prevented from later resiling from the original representation.

A representation of fact may be made by positive conduct (eg, by words or actions) or, in certain situations where A has a duty to speak but does not, through silence or acquiescence. As the Court of Appeal set out in...

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Web page updated on 21/05/2026

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