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16 June 2011
Issue: 7470 / Categories: Case law , Law digest
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Estoppel

Grievson v Grievson [2011] EWHC 1367 (Ch), [2011] All ER (D) 58 (Jun)

When it came to estoppel by representation or promissory estoppel, it was unlikely that a claimant would be able to satisfy the test of unconscionability unless he could also satisfy the three classic requirements. They were: (a) a clear representation made by the defendant upon which it was reasonably foreseeable that the claimant would act; (b) an act on the part of the claimant which was reasonably taken in reliance upon the representation or promise; and (c) after the act had been taken, the claimant being able to show that he would suffer detriment if the defendant was not held to the representation or promise.

With regard to estoppel by convention, the principles applicable were, inter alia, that it was not enough that the common assumption upon which the estoppel was based was merely understood by the parties in the same way. It had to be expressly shared between them, and the expression of the common assumption by the party alleged to be estopped had to

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
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