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 in civil litigation: types, defence versus cause of action, duty to speak, waiver, court orders, and pleading

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Practice notes

What is an Estoppel?

As Lord Denning MR explained in Moorgate Mercantile v Twitchings (page [323]), estoppel is a rule of justice and Equity which, in essence, means that where a person, through words or Conduct, has led another to accept a particular state of affairs, he will not be permitted to resile from it if doing so would be unjust or inequitable. Although the House of Lords reversed Moorgate on its facts, this statement of principle was not displaced.

In some cases, a party’s silence or inaction (that is, acquiescence) can ground an estoppel just as effectively as an express assurance or representation. As Calver J noted in Active Media v Burmester, Duncker, echoing the Court of Appeal in Ted Baker v Axa Insurance, the acquiescence doctrine arises where a reasonable person in the shoes of the party invoking the estoppel would anticipate the other party—acting honestly and responsibly—to take steps to make his position plain (at [82]).

For a broader understanding of the general doctrine of estoppel, see also the following...

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Web page updated on 21/05/2026

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