Sara Cockerill, ‘Contractual estoppel – the case for coherent principles’

“The emergence of contractual estoppel in English law is a relatively recent phenomenon. It has met with remonstrations from some academics, but it has been largely unquestioned by the courts as a matter of principle. It has emerged in its current form and been subjected to three detailed discussions by the Court of Appeal in the last 15 years in the context of attempts to exclude liability for misrepresentation: in Peekay Intermark Ltd v Australia & New Zealand Banking Group Ltd, Springwell Navigation Corp v JP Morgan Chase Bank, and First Tower Trustees Ltd v CDS (Superstores International) Ltd. It has now been deployed in a variety of other contexts and is appearing with increasing frequency in the cases which we see in the Commercial Court. Indeed, I will be able to navigate the topics I will cover by alluding to judgments which I have given in a number of cases in which contractual estoppel has been argued …”

€ (Westlaw)

Dame Sara Cockerill, ‘Contractual estoppel – the case for coherent principles’ [2022] 3 Journal of Business Law 189-207.

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