Estoppel in Australia is the first and only comprehensive treatment of all forms of civil estoppel in Australia.  

The authors map each doctrine of estoppel in a dedicated chapter that includes a simplified overview, a thorough examination of elements, evidential requirements (including the burden of proof), case notes of the key authorities, defences, considerations for pleading and precedents of pleadings. This book distils complicated doctrines into a complete and litigation-ready guide.

Every statement of principle in the text is supported by direct quotation from one or more authorities. Every appellate decision in Australia’s history has been reviewed for the purposes of drafting this book, along with key first instance Australian decisions and all authoritative English decisions.

The co-authors of the text are a former Federal Court of Australia judge and a practising barrister.

The book is aimed at practitioners of all levels of experience and students

The Chief Justice of Australia, the Honourable Stephen Gageler AC, wrote in the foreword to the book that:

      … Any practitioner who has sought to rely on an estoppel will know that the task of researching the applicable law can be long and difficult, involving trawling through reported judgments to piece together bits of a puzzle of uncertain dimensions. Often those pieces do not fit together; sometimes they are contradictory. The picture that emerges can appear distorted.

This book does much to ease those burdens. The authors have provided a dedicated chapter for each of the most common species of estoppel that arise in litigation. These are taxonomized, appropriately, into three categories. The first category comprises “litigation estoppels”, being “cause of action estoppel”, “issue estoppel” and “Anshun estoppel”. The second category comprises “common law estoppels”: “estoppel by deed”, “estoppel by representation” and “estoppel by convention”. The third comprises “equitable estoppels”, being “promissory estoppel” and “proprietary estoppel”. Each chapter provides an explanation of the distinctions and similarities between the type of estoppel compared with others, and useful summaries of the key cases of each.

The book’s even greater contribution lies in the assistance it provides on matters of practice. Each chapter outlines the precise elements of the species of estoppel with which it deals, where the burden of proof lies, what evidence is needed to establish the estoppel, and any relevant defences. In every instance, the authors have grounded the text in a comprehensive and thorough citation of authority. Practitioners can rely on what has been said. Yet the book goes further. Each chapter provides helpful observations to assist practitioners with pleading the various estoppels, even going so far as to provide precedents for pleadings in a manner that is reminiscent of Bullen & Leake’s Precedents of Pleadings [Footnote: "Now in its 19th edition: see Brennan et al, Bullen & Leake & Jacob’s: Precedents of Pleadings (Sweet & Maxwell, 2022)"].

Table of Contents

• -> Introduction
• -> Common law estoppels - litigation
• -> Cause of action estoppel and merger
• -> Issue estoppel
• -> Anshun estoppel
• -> Common law estoppels – non-litigation
• -> Estoppel by deed
• -> Estoppel by representation
• -> Estoppel by convention
• -> Equitable estoppels
• -> Promissory estoppel
• -> Proprietary estoppel

Some estoppels are known by more than one name. This can cause confusion. In those cases, the relevant chapter in the text includes a disambiguation section that cuts through the confusion. To be clear this book covers all the following estoppels: litigation estoppel, cause of action estoppel, merger, claim estoppel, estoppel by record, res judicata, judgment recovered, issue estoppel, Anshun estoppel, Henderson v Henderson estoppel, estoppel by deed, estoppel by writing, the technical doctrine of estoppel, estoppel by representation, estoppel in pais, estoppel by convention, conventional estoppel, estoppel by conduct, evidentiary estoppel, promissory estoppel, quasi-estoppel, High Trees estoppel, equitable estoppel, proprietary estoppel, Ramsden v Dyson estoppel, Dillwyn v Llewelyn estoppel, estoppel by acquiescence and estoppel by encouragement.

Trusted by professionals for over 100 years, this acclaimed resource sets the standard in non-marine commercial insurance law. With expert commentary on the latest legal developments and a reputation for clarity and authority, it's an indispensable tool for staying ahead in a complex and evolving field.

It explains foundational aspects of UK insurance law-such as the principles of misrepresentation and utmost good faith-and provides an in-depth look at the concept of loss, including key issues like causation and notification requirements. The book also explores specific insurance sectors, with chapters covering third-party liability, the rights of third parties against insurers, coordination between multiple insurers, and the legal treatment of double insurance.

Since the last edition there have been the usual steady stream of reported cases and regulatory developments. Notable examples are cases arising as a consequence of the COVID-19 lockdown dealing with, among other things, important questions of construction and causation, decisions on insurable interest, the application of s.11 of the Insurance Act 2015, illegality, good faith and exclusion of the 2015 Act's provisions, the Third Parties (Rights against Insurers) Act 2010 and aggregation clauses in liability policies. We also consider the new "consumer duty" issued by the Financial Conduct Authority.

Specific discussion focuses on the following cases:

• Sky UK Ltd v Riverstone Managing Agency Ltd [2024] EWCA Civ 1567, concerning the recoverability of loss after the policy period, and the applicability of the "death blow" principle to non-marine policies.
• Scotland Gas Networks Plc v QBE UK Ltd 2025 S.C. 38, judgment of the Inner House (Court of Session) addressing the operation of the Third Parties (Rights against Insurers) Act 2010.
• Aercap Ireland Ltd v AIG Europe S.A. & Ors [2025] EWHC 1430 (Comm), judgment in joint trial of claims under aviation lessor policies arising from foreign leased aircraft remaining in Russia following the Ukraine war.

Clerk & Lindsell on Torts, one of our flagship titles and part of the Common Law Library series, is an essential reference tool in Tort Law which is widely referred to by practitioners and cited by the judiciary.

Key features:

• Provides unrivalled breadth and depth of coverage on all areas of tort law.
• Includes fully updated and detailed chapters.
• Covers all areas of tort, from joint liability and vicarious liability to capacity and parties, from negligence to breach of statutory duty and professional liability, and from product liability and occupiers' liability to employers' liability and public service liability.
• Considers all heads of liability with regard to the relevant human rights issues.
• Sets out the general principles of liability and causation.
• Explains in detail general defences, such as claimant's wrongdoing, consent and assumption of risk, and exclusion of liability and miscellaneous defences.
• Deals extensively with damages and other remedies including injunctions.
• Covers limitation in detail.

New material in the Second Supplement to the Twenty-Fourth Edition:

• Tindall v Chief Constable of Thames Valley Police on duties of care and omissions.
• Byrne v Motorsport Vision Racing Ltd on occupiers' liability.
• Hassam v Rabot on damages and the whiplash tariff.
• Lewis-Ranwell v G4S Health Services (UK) Ltd on the illegality defence in tort.
• Manchester Ship Canal Co Ltd v United Utilities Water Ltd (No 2) on nuisance and statutory authority.
• Lifestyle Equities CV v Ahmed on accessory liability and the economic torts.
• Harcombe v Associated Newspapers Ltd on meaning in defamation, and also the effect of the Media Act 2024.
• Adams v Amazon Digital UK Ltd on privacy.
• George v Cannell on malicious falsehood.
• Afriyie v Commissioner of Police for the City of London on police liability.
• Calor Gas Ltd v Walsall Gas Cylinders Ltd on conversion and the property torts.
• MBR Acres Ltd v Curtin on trespass and injunctions.

• Explains the rules, principles and practice that determine how the law of England and Wales relates to other legal systems.
• Volume 1 deals with general principles, the effects of the withdrawal by the United Kingdom from the European Union, foreign affairs law, protective measures and international judicial cooperation, jurisdiction of English courts, recognition and enforcement of foreign judgments and international arbitration.
• Volume 2 covers family law, property law, succession and trusts, corporations and bankruptcy, contracts, torts, unjust enrichment and equitable claims, and foreign currency obligations.
• Includes a new Part containing detailed analysis of Foreign Affairs and the Conflict of Laws, including expanded coverage of important developments in this area.
• Includes detailed treatment of the Hague Convention on Choice of Court Agreements 2005.
• Family law coverage includes important developments in respect of same-sex marriages, civil partnerships and surrogacy.
• A Companion Volume explains in detail the transitional provisions relating to the withdrawal by the United Kingdom from the European Union and the relevant EU legislation in areas where those transitional issues will remain relevant for the foreseeable future, including on lis pendens, recognition and enforcement of foreign judgments, family law and insolvency.

Construction All Risks Insurance is essential reading for both lawyers and insurance brokers in the field of construction insurance. Building on its reputation as the definitive reference for practitioners, Construction All Risks is the go-to guide looking for answers in construction insurance. Covers the fundamentals of Construction All Risk Insurance from its origins in the Marine Insurance Act of 1906 to current day practice, going through the processes and pitfalls involved in CAR claims Contains comprehensive practical advice for those dealing with CAR insurance claims, with coverage of disputes and the application of insurance law to commercial insurances Explains the need for insurance and highlights particular areas for concern such as Institute Cargo Clauses and Aviation Examines the structure of CAR policies, giving practical advice on the drafting of various clauses, including rectification, fortuity, loss and damage clauses and warranties Discusses the wide range of exclusions that can apply to CAR policies and their significance, including defect and standard exclusions Takes into account the difficult areas of causation and co-insurance Includes example policy clauses and precedent materials Includes guidance on the claims procedure as well as marine, aviation and property risks

This highly regarded and frequently cited title, first published in 1839, is a detailed analytical text that interprets statute and case-law and suggests solutions to the many problems that may arise. The authors provide summaries and informed examination of case law to help make clear the main themes of the law of easements and their subtle variations and exceptions. Gale on Easements: Interprets both statute and case law, suggesting solutions to problems which may arise in practice Sets out what constitutes an easement and goes on to focus on particular types, such as right of light, rights of way, air and support, boundaries and access to neighbouring land Traces cases to the present day from an historical point of view Explains the development of the law via in-depth analysis of latest case law Offers remedies and advice for when an easement has been disturbed Provides summaries and examination of case law, including a wide range of Commonwealth cases Goes through the ways easements can be created Examines the how easements can be extinguished Defines what amounts to disturbance of easements and identifies the available remedies This 21st edition brings the reader up to date on the key caselaw developments since the last edition in 2016, including: The decision of the Supreme Court in the Regency Villas case, which reviewed the essential characteristics of an easement as originally identified in Re Ellenborough Park which clarifies numerous points Plymouth (Earl of) v Rees in the Court of Appeal which considered the implied limitations on an apparently wide right of entry reserved in a lease and set out the principles to be applied in construing such reservations Welford v Graham in which the burden of proof in prescription claims was elucidated The rule in Harris v Flower that a right of way may only be used for gaining access to the land identified as the dominant tenement in the grant continues to give rise to problems at the margins. Gore v Naheed says that it is all a matter of construction. Whether this enables all the authorities to be reconciled is discussed in detail Poste Hotels Limited v Cousins and London Borough of Brent v Malvern Mews which provided an interesting pair of decisions about when the court should grant a negative declaration; in one such a declaration was not granted and in the other it was Plus analysis of the many other decisions both at first instance and on appeal which illustrate established principles.

Bowstead & Reynolds on Agency is the essential reference source for commercial practitioners. Part of the long-established Common Law Library, this new edition updates all relevant aspects of law and how they relate to agency agreements, including contract law, administrative law, tort, commercial/company law, the law of property and the conflict of laws. The 23rd edition has been fully updated to take account of all developments in agency, including new text on: implied limits to actual authority and onus of proof of authority; sub-agency, and agent’s rights to indemnity; vicarious liability; and undisclosed principals. The text has been updated with all key cases, including: Wood v Commercial First Business Ltd [2021] EWCA Civ 471 on bribes and secret commissions Law Debenture Trust Corp Plc v Ukraine [2023] UKSC 11 on capacity, actual and apparent authority Philipp v Barclays Bank UK Plc [2023] UKSC 25 on actual and apparent authority Barton v Morris [2023] UKSC 3 on scope of quantum meruit for services by agent Barclay-Watt v Alpha Panareti Public Ltd [2022] EWCA Civ 1169 on agent’s liability for misrepresentation and joint tortfeasance And new cases from Singapore, Hong Kong, Australia and New Zealand The new first supplement updates all relevant aspects of law and how they relate to agency agreements, including contract law, administrative law, tort, commercial/company law, the law of property and the conflict of laws.

This book is an essential reference source for all lawyers who deal with one of the most important remedies in civil and family litigation – the injunction. Injunctions by David Bean, Isabel Parry and Andrew Burns provides you with an indispensable reference tool. This highly practical work covers every type of injunction, going through their scope and limitations, and the procedures involved in obtaining them. The new 14th edition has been completely updated to incorporate all the key developments in this area of law since the last edition was published three years ago. Features of the new edition include: Injunctions against “persons unknown”: Canada Goose and subsequent decisions Injunctions to restrain publication of reports by public bodies Worldwide freezing orders: Lakatamia Shipping v Morimoto Imaging orders: TBD (Owen Holland) Ltd v Simons New CPR 81 on committal for contempt

This is the first supplement to the seventh edition of Dilapidations: The Modern Law and Practice - a leading authority in its field, providing comprehensive coverage of the legal principles relating to dilapidations, both residential and commercial, together with all the practical aspects pertaining to dilapidations claims. It offers a comprehensive, one-stop reference, assisting the reader with dilapidations issues and in determining of the best course of action. It discusses the legal principles clearly and accompanies this with worked examples showing how they apply in practice. It also includes precedents, forms, statutes, and extensive case referencing. It is now largely recognised by the courts and the professions as the leading work on dilapidations, and it is referred to, and quoted from, in many cases. Key features of the mainwork: Explores the obligations of landlord and tenant with regard to the state and repair of property Looks at repairing obligations, all types of repairing covenant, liability, considerations affecting the performance of obligations, liability, remedies, fees Explores alternative ways of resolving claims such as arbitration and proposals for reform this area of law It considers the rules in relation to both landlord and tenant and both commercial and residential property Offers a comprehensive and authoritative discussion of legal principles relating to dilapidations with examples as to how those principles might apply in practice using relevant case law Commentary is supported by relevant forms and precedents in the appendices The renowned author team offer a practical five-question approach to analysing the basic repairing covenants The first supplement to the seventh edition of Dilapidations: The Modern Law and Practice brings the mainwork up to date with the latest developments including: Coldunell v Hotel Management International [2022] EWHC 1290 (TCC) Ashtenne Caledonia v Saleem [2023] CSOH 18 and Ashtenne Caledonia v Denny Enterprises International [2023] CSOH 20 Khan v Mehmood [2022] EWCA Civ 791 Anchor Hanover Group v Cox [2023] UKUT 14 (LC) Dorrington Residential v 56 Clifton Gardens [2022] UKUT 266 (LC) Tanner v Moss [2022] CSOH 33 Alma Property Management Ltd v Crompton [2022] EWHC 2671 (Ch) and [2023] EWCA Civ 849 A number of recent decisions from Australia and New Zealand that may be of some interest to the practitioner are also included. These cases show not only how dilapidations questions are dealt with in those jurisdictions but are also a possible source of ideas and arguments.

Now in its thirteenth edition and part of the prestigious Common Law Library, Gatley on Libel and Slander has established itself as the definitive work on defamation law and practice. The work has been comprehensively updated and restructured throughout to provide a thorough examination of the English law of defamation and other media and communications claims, including malicious falsehood, privacy, data protection and harassment – both substantive and procedural. New chapters on serious harm and the defences of truth, honest opinion and publication on a matter of public interest Fully revised chapter on pre-trial applications including preliminary trials of meaning Dedicated chapters on misuse of private information and data protection Review of all key case law including Lachaux, Stocker, Serafin, Lloyd v Google, Economou, Wright v Ver, Wright v Granath, Corbyn v Millett, Duchess of Sussex v Associated, and Soriano v Forensic News Consideration of legal developments in Commonwealth and common law jurisdictions In addition to providing detailed commentary and expert analysis of the substantive law, it offers comprehensive guidance on the procedural aspects of bringing an action. This advice is complemented with example forms and precedents for issuing proceedings and summaries of key damages awards, making it both a practical and authoritative reference. The authority on the law of defamation with expert analysis of the law and all significant developments in libel and slander, malicious falsehood and privacy. Detailed coverage of the relevant procedure for practising defamation law – serving as a one-stop reference at every stage of an action. Examines the defamatory statement including slanders actionable, publication, identifying the person defamed and addresses the question: who may sue or be sued? Looks at the various available remedies including compensatory, aggravated and exemplary damages. Commentary on related causes of action such as malicious falsehood, misuse of private information and other causes arising from statements. Explores available defences with discussion of honest comment, absolute and qualified privilege, publication in public interest and more. Comprehensive examination of the procedure for bringing an action from interim injunctions and particulars of claim to counterclaims, apologies, the trial and appeals. Relevant cases from other jurisdictions with commentary on their relevance to UK law and procedure, including decisions from Canada, Australia and New Zealand. Discusses the jurisprudence of the European Court of Human Rights and the continuing effect of the Human Rights Act on defamation law. Provides forms and precedents for issuing proceedings, statements of case and settlement and reproduces relevant excerpts of key statutes. Includes an appendix with statutes, procedural rules and damages awards.

This 19th edition has been extensively revised and content added and rewritten to take account of the latest legislative and case law developments as well as the continuing impact of Brexit. The title takes a subject-by-subject approach to take you through Copyright, Rights in Performances, Rights in Designs, Moral Rights and a variety of Miscellaneous Rights. New content has been added covering the Computer Games industry and Technology.

Offering a one-stop source to all the elements, principles, legislation and case law surrounding sale of goods, not just in the UK but also internationally, Benjamin's Sale of Goods has firmly established itself as the premier publication on the topic. First published in 1868 and frequently cited in court, its depth and coverage make Benjamin an essential reference tool and a must-have purchase for commercial practitioners, academics and barristers. Part of the Common Law Library, this new 12th edition of Benjamin's Sale of Goods is now presented in two volumes and content highlights include the following: Covers the needs of practitioners interested in all areas of sale of goods case law Includes clearly defined and structured content, with separate sections for Nature and formation of the Contract of Sale, Property and risk, Performance of the contract, Defective goods, Consumer Protection, Remedies, Overseas Sales, Conflict of laws Provides high level text supported by all relevant developments in legislation and case law - the cases selected and the interpretation and guidance provided being one of the title's added values Provides a comprehensive explanation of the law of sale of goods, including terms and conditions, rights and obligations Sets out the nature and formation of the contract of sale Includes discussion of unfair contract terms in commercial and consumer sales Details the remedies available when disputes arise Explains the implications of E-Commerce, including electronic contracts and payments Examines the law on Letters of Credit Incorporates the Sale and Supply of Goods to Consumers Regulations 2002, and recent European Directives Includes expert commentary on the Contracts (Rights of Third Parties) Act 1999 Outlines the implications of the Consumer Credit Act and gives a detailed account of consumer protection Provides authoritative discussion on conflict of laws Examines the international scope of the subject, with chapters on overseas sales Takes you through the laws relating to consumer protection New to the 12th edition: Extensive coverage of post-Brexit legislation, principally the Retained EU Law (Revocation and Reform) Act 2023 Electronic Trade Documents Act 2023 International Standard Demand Guarantee Practice (ISDGP) Report of the Law Commission, Consumer Sales Contracts: Transfer of Ownership (No.398) Digital Markets, Competition and Consumers Bill 2023 Incorporates new case law in all areas This first supplement to the twelfth edition of Benjamin’s Sale of Goods brings the main work up to date with the latest developments. The key new case law and legislation covered in this supplement includes: King Crude Carriers SA v Ridgebury November LLC [2024] EWCA Civ 17 (deemed performance of conditions precedent; deposits) RTI Ltd v MUR Shipping BV [2024] UKSC 18 (force majeure clauses and “reasonable endeavours”) Sharp Corp Ltd v Viterra BV [2024] UKSC 14 (market damages and mitigation; C and F Free Out contracts) Earthco Soil Mixtures Inc v Pine Valley Enterprises Inc [2024] SCC 20, Can (description and exemption clauses) Last Bus Ltd v Dawsongroup Bus and Coach Ltd [2023] EWCA Civ 1297 (exemption clauses) Primeo Fund v Bank of Bermuda (Cayman) Ltd [2023] UKPC 40 (contributory negligence) Banco Intesa Sanpaolo SA v Comune di Venezia [2023] EWCA Civ 1482 (restitution and applicable law) Lipton v BA City Flyer Ltd [2024] UKSC 24 (interpretation of retained EU law) Brexit developments on retained and assimilated EU law Digital Markets, Competition and Consumers Act 2024

Hewitt on Joint Ventures 8th edition analyses a variety of transactions where two or more existing entities agree to establish and participate in a common enterprise or business-related activity. The main focus is on joint ventures using the medium of a joint venture company. The principal issues raised by a range of transactions are examined, outlining how such issues might be handled and setting out the relevant background law. Described in the High Court as “a book edited by practitioners who specialise and have extensive experience in this area of commercial activity”, it is written in a clear and practical way, tailored for the practitioner and in-house counsel. It aims to provide detailed commercial guidance alongside a comprehensive review of relevant specialist areas of law, as well as useful checklists and precedents. Coverage: Provides in-depth examination of all aspects of joint ventures and a range of collaborative relationships Covers the practicalities involved in the drafting, negotiating and setting up of joint ventures Guides you through the planning stages of a joint venture or alliance Identifies and examines the principal issues for joint venture parties, including: capital and funding; governance and management; minority investment and protection; deadlock and breakdown; duties between joint venture parties; transfers of shares; exit, termination and change; and disputes – mediation, litigation and arbitration Sets out the relevant legal background Suggests ways of dealing with issues that may arise Includes a range of precedents and checklists Recognises the international nature of many JV agreements New to this Edition Hewitt reflects and contextualises many significant legal developments over the last five years, including: the legal impact of the UK’s departure from the European Union the growing importance for business and transactions of environmental, social and governance (ESG) factors and how directors should approach this the much-increased focus on corporate transparency and anti-corruption, which has led to significant new legislation addressing the disclosure of foreign ownership of UK real estate, verification of the controllers and managers of UK companies and other vehicles, and the prospective introduction of a failure to prevent fraud offence the main joint venture-relevant case law since the last edition, including new clarity from the higher courts regarding: the duties owed by directors to creditors when the company is insolvent, and the consequences of breach the rule against recovery for reflective loss parent company liability for tort the exercise of conversion rights from one class of shares to another the limitation of actions in relation to unfair prejudice petitions the consolidation and wider application of the principle that a person is unlikely to have agreed to give up a valuable right that they would otherwise have had, unless there are clear words to that effect the closer scrutiny and control in the interests of national security of inward investment in key areas the treatment of the entry into and termination of joint ventures under the new UK Listing Regime the potentially far-reaching imposition of financial responsibility for defective residential buildings and the need – for these and other reasons flagged above – for careful due diligence challenges affecting joint ventures with local parties in a number of key international jurisdictions (Brazil, China, India, Malaysia and United Arab Emirates).

Jackson & Powell is the definitive text on Professional Liability. It provides comprehensive coverage of the law of professional liability. It is an essential reference point for every practitioner as it aids them in establishing whether a duty of care exists and whether it has been breached, providing quick access with confidence as to whether a cause of action exists while explaining the remedies available. Key features Examines the nature of professional liability Deals with subjects of general application and delves into specific professions Discusses the difference between tortuous liability and contractual liability Considers the duties and obligations of a professional including positive duties and restrictions Considers the standard of skill and care including the relevance of the defendant’s qualifications and experience Discusses changes in the standard required by professional Explains the nature of a fiduciary duty including unauthorised profits and undue influence Discusses the origins of the duty of confidentiality including the continuing duty to former clients Differentiates between limitation in contract, tort and equity