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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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NLJ Career Profile: Stephen Ward, The Barrister Group

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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