Contractual estoppel—key & illustrative cases


Produced in partnership with Nicholas Macklam of Radcliffe Chambers
Practice notes

Contractual estoppel—key & illustrative cases


Produced in partnership with Nicholas Macklam of Radcliffe Chambers

Practice notes
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The doctrine of contractual estoppel has been utilised in a umber of commercial scenarios but most noticeably in more recent times in disputes in the financial sector. This Practice Note identifies some of the key cases since the 2006 Court of Appeal decision in Peekay v ANZ Banking Group. It should be read in conjunction with Practice Note: Contractual estoppel.

Peekay v ANZ Banking Group (2006)

The Court of Appeal's decision in Peekay v ANZ Banking Group is seen as the leading authority on the doctrine of contractual estoppel. The claimant had signed a 'Risk Disclosure Statement' in relation to investments it was making through the defendant bank, which included an acknowledgment that the signatory fully understood the nature of the transaction and the contractual relationship into which it was entering. The Court of Appeal concluded that, given this, the claimant could not subsequently assert that it was induced to enter into the contract by a misrepresentation as to the nature of the investments it was entering into.

See Practice Note: Contractual estoppel—What

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Estoppel definition
What does Estoppel mean?

The basic concept of an estoppel is that where a person (A) has caused another (B) to act on the basis of a particular state of affairs, A is prevented from going back on the words or conduct which led B to act on that basis, if certain conditions are satisfied.

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