Tag: estoppel
Showing 11 out of 11 results
High Court finds termination clause requiring written notice posed no bar to implied novation
Claimant’s offer construed to comply with CPR Part 36 despite error in specifying minimum 21-day “relevant period” for the offer
The High Court has construed a claimant’s offer as compliant with CPR Part 36 where it stated that the “relevant period” ran for 21 days from the date of …
Party could not enforce contractual right to recover overpayments where established convention to charge on non-contractual basis
The High Court held that a social landlord was estopped from deducting overpayments it had made to a contractor, according to the contractual pricing and …
Commercial Court considers when contracting party may have duty to make disagreement known
The Commercial Court has recently considered when a party may have a duty to correct a mistake or assumption by its counterparty under the principle of …
Exclusive jurisdiction clause won't necessarily prevent grant of stay where there are related proceedings, but makes it very unlikely
The Commercial Court has held that the existence of an exclusive jurisdiction clause in favour of the English court does not, when there are proceedings …
High Court finds litigation funder was entitled to terminate funding agreement
In a rare decision on termination of a litigation funding agreement, the High Court has held that the funder validly terminated the agreement under a …
High Court decision shows need to be clear whether settlement offer subject to contract
A recent High Court decision illustrates the importance of stating clearly that a settlement offer is intended to be subject to contract, where that is …
High Court decisions on admissibility of opinion evidence
In two recent decisions, the High Court has considered the circumstances in which opinion evidence contained in third party reports or articles is …
Recent case law on expert determination
There has been a spate of recent case law relating to expert determination. In this post James Farrell, Emily Lew and Michael Mendelblat consider three …
Supreme Court confirms new exception to the 'without prejudice' rule
In its judgment handed down on 27 October 2010 in Oceanbulk Trading & Shipping SA v TMT Asia [2010] UKSC 44, the Supreme Court added a new exception …
Court of appeal overturns decision dealing with the impact of West Tankers
The Court of Appeal has overturned the Commercial Court's judgment earlier this year in National Navigation v Endesa in a decision which, although more …