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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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