Spencer Bower

Reliance-Based Estoppel: The Law of Reliance-Based Estoppel and Related Doctrines
5th Auflage
ISBN: 978-1-84766-570-6
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 800 Seiten, Hardback, Format (B × H): 163 mm x 254 mm, Gewicht: 1456 g

Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel by Representation, is the highly regarded and long established textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change.

Since the fourth edition in 2003 the House of Lords has decided two proprietary estoppel cases, Cobbe v Yeoman's Row Property Management Ltd and Thorner v Major, whose combined effect is identified as helping to define a criterion for a reliance-based estoppel founded on a representation, namely that the party estopped actually intends the estoppel raiser to act in reliance on the representation, or is reasonably understood to intend him so to act. Other developments in the doctrine of proprietary estoppel have required a complete revision of the related chapter, Chapter 12, in this edition.

Thorner v Major confirms too the submission in the fourth edition that unequivocality is a requirement for any reliance-based estoppel founded on a representation. Other views expressed in the fourth edition are also noted to have been upheld, such as the recognition that an estoppel may be founded on a representation of law (Briggs v Gleeds), that a party may preclude itself from denying a proposition by contract as well as another's reliance (Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank) and that an estoppel by deed binds by agreement or declaration under seal rather than by reason of reliance (Prime Sight Ltd v Lavarello).

With the adjustment reflected in the change of title, and distinguishing the foundation of estoppels that bind by deed and by contract, the editors adopt Spencer Bower's unificatory project by the identification of the reliance-based estoppels as aspects of a single principle preventing a change of position that would be unfair by reason of responsibility for prejudicial reliance. From this follow the views: that reliance-based estoppels have common requirements of responsibility, causation and prejudice; that estoppel by representation of fact is, like the other reliance-based estoppels, a rule of law; that the result of estoppel by representation of fact may, accordingly, be mitigated on equitable grounds to avoid injustice; that the result of an estoppel by convention depends on whether its subject matter is factual, promissory or proprietary; that a reliance-based estoppel (other than a proprietary estoppel, which uniquely generates a cause of action) may be deployed to complete a cause of action where, absent the estoppel, a cause of action would not lie, unless it would unacceptably subvert a rule of law (in particular the doctrine of consideration); that an estoppel as to a right in or over property generates a discretionary remedy; and that the prohibition on the deployment of a promissory estoppel as a sword should be understood as an application of the defence of illegality, viz that an estoppel may not unacceptably subvert a statute or rule of law.

Autoren/Hrsg.

Feltham, Piers

Leech Kc, Tom

Crampin Kc, Peter

Winfield, Joshua

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Part I General Principles
Chapter 1 Introduction: definition and treatment

Chapter 2 Representations of fact; promises; representations of law; representations as to rights

Chapter 3 Responsibility

Chapter 4 Unequivocality and construction

Chapter 5 Inducement and reliance; the effect of estoppel as to a fact

Chapter 6 Parties to the estoppel

Chapter 7 The defence of illegality

Chapter 8 Estoppel by convention; estoppel by contract; estoppel by deed; estoppel as to title

Part II Particular Applications of Reliance-Based Estoppel
Chapter 9 Applications of reliance-based estoppel to various relationships

Chapter 10 Miscellaneous estoppels

Chapter 11 Statutory estoppel

Part III Proprietary Estoppel, Election, Promissory Estoppel and Procedure
Chapter 12 Proprietary estoppel

Chapter 13 Election

Chapter 14 Promissory estoppel

Chapter 15 Stating the case

Über Autor(innen)

Feltham, Piers
Piers Feltham is a barrister at Radcliffe Chambers. He is a specialist Chancery practitioner but this takes him into many other areas of the law, for instance, successfully representing the sexual abuse claimants against the estate of Jimmy Savile, and the Bodo Community of Delta State Nigeria in their claim against Shell for environmental pollution. He was an editor of the fourth edition of Spencer Bower on Estoppel by Representation and is now of the fifth edition, renamed "Spencer Bower on Reliance-based Estoppel" His professional biography may be found on the Radcliffe Chambers website: http://www.radcliffechambers.com/barrister/piers-feltham/

Winfield, Joshua
Joshua Winfield is a barrister at Radcliffe Chambers. He has a general Chancery practice, specialising in charities (for which he is ranked in the leading directories), trusts, and wills and estates. He is also experienced in property, insolvency, company, Court of Protection, commercial litigation, tax and offshore work. He has developed expertise in diverse areas, including religious charity disputes and forfeiture of long residential leases.

Joshua's practice encompasses advice and litigation in the core Chancery and commercial fields.

Prior to his call to the Bar, Joshua spent a year as a paralegal in the Private Client department of Charles Russell. He later undertook a three-month secondment in the Private Client and Trusts department of Bailhache. Labesse (now part of Appleby Global) on Jersey and recently assisted Hanson Renouf in a discovery exercise in a complex and high-value tracing claim by a divorcing wife against a Jersey trust. This has given him a special insight into the particular needs and expectations of his professional clients as well as significant experience of offshore trust work, which he has been able to build on subsequently.

Joshua is a member of the Chancery Bar Association; the Charity Law Association; and the Society of Trust and Estate Practitioners.
For more information on Joshua's experience, expertise and cases/work of note, please visit his webpage: http://www.radcliffechambers.com/barrister/joshua-winfield/

Leech Kc, Tom
Tom is a KC and leading advocate at Herbert Smith Freehills. He joined the Global Advocacy Group after more than 20 years as a barrister at Maitland Chambers, a leading set of Commercial Chancery Chambers. He advises and appears for clients with commercial disputes, professional negligence, trusts, company and real estate disputes. Clients seek him out for his experience in multi-jurisdictional disputes and offshore jurisdictions, including Bermuda, Gibraltar, Jersey, Guernsey, DIFC and the Isle of Man. He is also one of the authors of the leading textbook Flenley & Leech on Solicitors' Negligence, now in its third edition, and a co-editor of "Spencer Bower: Estoppel" by Representation. His professional biography may be found on the Herbert Smith Freehills website:- see more at: https://www.herbertsmithfreehills.com/our-people/tom-leech-qc

Crampin Kc, Peter
Peter Crampin KC is a senior Chancery silk with a wide-ranging practice, which includes advocacy at all court levels. Before taking silk he was second junior counsel to the Attorney-General in charity cases. His principal practice areas are trusts, charities and property law.

Peter Crampin KC has garnered praise for his work at the Chancery Bar over many years. As a junior he was one of the Attorney-General's standing counsel, appearing in numerous cases concerning charity law, a field in which he continues to enjoy a high reputation. This is an aspect of his wider practice in trusts and property law which he undertakes in this country and in overseas jurisdictions, including Hong Kong, Singapore, Bermuda and the Caribbean. He has been admitted to the Northern Ireland Bar in order to appear in the Court of Appeal of Northern Ireland.

He has a practical as well as an intellectual approach to legal problems. His advocacy work extends to numerous appeals in the Court of Appeal, the House of Lords and the Privy Council.

Peter is a member of the Chancery Bar Association and the Charity Law Association.
For more information on Peter's experience, expertise and cases/work of note, please visit his webpage: http://www.radcliffechambers.com/barrister/peter-crampin-kc/

Piers Feltham, Joshua Winfield and Peter Crampin KC of Radcliffe Chambers and Tom Leech KC of Herbert Smith Freehills LLP.

All are extremely highly regarded lawyers in this area of law.