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.

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

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

Admiralty Claims, presents a comprehensive single-volume treatment of admiralty claims aimed particularly at practitioners. Covers the rules and principles peculiar to admiralty claims and explains their relationship with related areas of substantive and adjectival law. Investigates the theoretical underpinnings of the subject, in order to enhance understanding and to indicate novel lines of enquiry. Contains a treatment in terms of detail and theoretical and practical methodology which is clearly superior to currently available treatments. Offers an in-depth treatment of the whole of Admiralty Claims and jurisdiction. Combines both a principled and a practical approach. Highlights and explains the distinction between admiralty and ordinary claims rules. Incorporates discussion of international conventions, European Union law and the expected effects of Brexit. Has been written by two of the leading UK academics in maritime law The second edition includes the following updates: The chapter on the jurisdiction of the English courts has been greatly shortened and simplified, including coverage of anti-suit relief, now that the UK will not be ratifying the Lugano Convention and has given effect to the Hague Convention on Choice of Court Agreements 2005. Other Brexit-related developments have included streamlining the chapter on insolvency in the light of the falling away of the EU Insolvency Regulation and the resulting universal application of the Model Law on transborder insolvency. Changes to the CPR to reintroduce a limited right to start at least some proceedings within the admiralty jurisdiction in the County Court Case law has been comprehensively updated, including on: Limitation of liability, notably in The MSC Flaminia [2023] EWCA Civ 1007 and The Stema Barge II [2021] EWCA Civ 1880 on entitlement to limit; time-bars, with the confirmation in The Giant Ace (No. 2) [2023] EWCA Civ 569 of the width of Art III r 6 of the Hague-Visby Rules; and anti-suit relief, with confirmation by the Court of Appeal and the Supreme Court in Unicredit Bank GmbH v Ruschemalliance LLC (2024) that it is available to protect an obligation to arbitrate in a non-English seat

Limitation Periods by Professor Andrew McGee is a well-established and definitive text now in its ninth edition. Professor McGee steers practitioners through the complexities of the law of limitations, giving detailed guidance in all areas of law from preliminary issues to proceedings. The book is designed to help bring an action in good time and remedy delays which may lead to striking out. The book covers European and international limitation issues. The First Supplement to the 9th Edition brings this well-established and definitive text fully up-to-date, including significant case law such as: Kekwick v Kekwick (Meaning of 'action' and 'proceeding' and the differences between them); Boxxe Ltd v Secretary of State for Justice, Walton v Pickerings Solicitors (the calculation of time and the differences between issue and service); Lees v Kaye (what counts as 'personal injury'); Jalla v Shell, Honda Pension Trustees v Mercer Ltd (continuing torts); James v Scudamore (Laches).

Disclosure provides an authoritative and detailed analysis of the law relating to disclosure, i.e., the process whereby the parties to a legal action disclose to each other all documents in their possession, custody or power relating to matters in question in the action. Key Features: Provides an authoritative and detailed analysis of the law relating to the process whereby parties to an action disclose to each other all documents relating to the action Covers both documentary and non-documentary disclosure Considers the timing when disclosure should be made Examines the granting of Norwich Pharmacal relief and other forms of pre-action disclosure Discusses who must give disclosure, including special cases, non-parties and parties joined to an action for the purposes of disclosure Considers the issue of privilege and the waiver of it Examines the consequences of a failure to comply with the requirement to disclose Looks at collateral use of documents, information requests, and expert reports Covers disclosure in a wide range of Courts and Tribunals, and the continuing effects of the Human Rights Act 1998 Remains a key text internationally with material relevant to the Commonwealth, Ireland and the Channel Islands New material in the Sixth Edition: The Sixth Edition brings the work up to date. In particular, it covers the important transition from the Disclosure Pilot Scheme to the new Practice Direction for Business and Property cases. It also includes the following cases, to name but a few: Cases on redaction, such as TVZ v Manchester City FC Ltd [2021] EWHC 1179 (QB) Cases about electronic disclosure, such as Sportsradar AG v Football Dataco Ltd [2022] CAT 37 Cases dealing with inspection of documents, like Michael Wilson & Partners Ltd v Emmott [2022] EWHC 730 (Comm) Cases on experts, such as Pickett v Balkind [2022] 4 WLR 88 Important privilege cases, such as Director of the Serious Fraud Office v Eurasian Natural Resources Ltd [2018] EWCA Civ 2006, WH Holding Ltd v E20 Stadium LLP [2018] EWCA Civ 2652, and R (Jet2.com Ltd) v Civil Aviation Authority [2020] EWCA Civ 35 Information request cases, including Al-Saud v Gibbs [2022] 1 WLR 3082, Vardy v Rooney [2022] EWHC 1209 (QB) and Fairclough v Tasi Ltd [2022] EWHC 2714 (Ch) Cases on failure to comply, like Ocado Group Plc v McKeeve [2021] EWCA Civ 145 and Olympic Council of Asia v Novans Jets LLP [2023] EWHC 276 (Comm) Cases on access to the court file, such as Cape Intermediate Holdings Ltd v Dring [2020] AC 629

"The Handbook is a comprehensive and in-depth analysis of UNCITRAL arbitration. As with the prior editions, this fourth edition of the Handbook of UNCITRAL Arbitration will provide an invaluable contribution to UNCITRAL arbitration." Anna Joubin-Bret Secretary, UNCITRAL Director, International Trade Law Division United Nations The Handbook of UNCITRAL Arbitration presents a practical, rule by rule guide to the UNCITRAL Arbitration Rules, offering in-depth commentary, analysis and support materials as used in both commercial and investment arbitration. It reviews each stage of the UNCITRAL arbitration process, from the arbitration clause, through the arbitral proceedings, to the award. This highly anticipated fourth edition deals with the Rules as modified with the addition of the UNCITRAL Expedited Arbitration Rules that came into effect in September 2021. International arbitration is evolving rapidly, and the Handbook provides an up-to-date analysis of key aspects of arbitration law applicable to UNCITRAL arbitration wherever conducted. It deals with issues such as: The procedural issues for which a majority is required under art.33(1) of the Rules and those which the presiding arbitrator is entitled to decide on his or her own in the absence of a majority under art.33(2) of the Rules. The obligations of collegiality within the Tribunal with respect to procedural decisions and awards. The conduct of virtual procedural and substantive hearings, including case management conferences. The due process issues relating to admission – or exclusion – of evidence and amendments to claims. The role of the Appointing Authorities and in particular the role of the LCIA, ICC, SIAC and the Permanent Court of Arbitration. The law applicable to the arbitration agreement. With a discussion of the varying and conflicting approaches reflected in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb & Ors [2020] UKSC 38 and Kabab-Ji SAL v Kout Food Group UK Supreme Court ([2021] UKSC 48 in the UK and Kabab-Ji in France (French Supreme Court Civ. 1iere of 28 September 2022) The issue of joinder of non-signatories to an arbitration with particular reference to Dallah and Kabab-Ji (in the UK and France) Whether the courts adopt a deferential or non-deferential approach to reviewing jurisdiction with reference in particular to the decisions in the UK and the USA. Whether and how to challenge and arbitrator and the most recent challenge decisions, with an updated table of over 100 of such decisions. The updated IBA Rules on the Taking of Evidence in International Arbitration as amended in 2020. The US Supreme Court decision in ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S.Ct. 2078 (2022) limiting the application of 28 USC §1782(a) regarding discovery in the United States in support of international arbitration. The most recent approaches to interim measures, including security for costs. The Handbook of UNCITRAL Arbitration is based on the author’s everyday practical experience in hundreds of arbitrations. It deals with the latest trends in international arbitration relating to issues such as the conduct of disclosure, the role of experts, the conduct of virtual hearings and other attempts to render international arbitration more expeditious and cost-effective.

Commercial Injunctions is regarded as the essential textbook on injunctions. It is cited in argument and judgments throughout the common law jurisdictions, including at the highest levels. The 1st Supplement brings the text fully up to date in the light of extensive new case law and legislative developments, including the UK not acceding to the Lugano Agreement. Commercial Injunctions provides: Unparalleled in-depth coverage of all aspects of injunctions Highly practical advice on how and when to obtain injunctions, how to defend against such orders and the options available Key insight into the continuing evolution of the Mareva jurisdiction preserving assets A coherent and reasoned statement of the principles applicable to injunctions generally and to injunctions for particular purposes. A one-stop source of answers to key questions

Bullen & Leake & Jacob’s Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case. It offers the advocate a stock of authoritative, structured precedents of statements of case complete with guiding commentary across both mainstream and specialist areas of practice. The 19th edition, fully updated by the 1st Supplement, reflects all current issues under the CPR and the legislative and judicial developments in the individual practice areas. Presents a wide range of contemporary templates for drafting which can be easily modified for specific cases Covers all classes of litigation from common areas such as employment law to the more unusual such as sports law (109 chapters) Contains example claims and defences Provides specific practical guidance on each precedent Written by an expert team of over 60 barristers

Bullen & Leake & Jacob’s Precedents of Pleadings is widely regarded as the essential guide to drafting statements of case. It offers the advocate a stock of authoritative, structured precedents of statements of case complete with guiding commentary across both mainstream and specialist areas of practice. The 19th edition, fully updated by the 1st Supplement, reflects all current issues under the CPR and the legislative and judicial developments in the individual practice areas. Presents a wide range of contemporary templates for drafting which can be easily modified for specific cases Covers all classes of litigation from common areas such as employment law to the more unusual such as sports law (109 chapters) Contains example claims and defences Provides specific practical guidance on each precedent Written by an expert team of over 60 barristers

Asbestos: Law & Litigation is the first comprehensive guide to claims for asbestos-related injury in the UK. It has been written by experienced practitioners involved in many of the leading cases on the subject. The scope of the book is wide-ranging; from the development of knowledge, to the law of damages, with all of the legal and practical issues in between. Key features include: Cutting-edge analysis of the medical aspects of asbestos-related conditions by leading experts Dr John Moore-Gillon and Dr Robin Rudd A history of asbestos and its uses In-depth analysis of the common law and statutory routes to liability in asbestos disease claims of all kinds An explanation of the complex insurance and reinsurance issues that arise in the context of cover for asbestos-related illness Guidance on the damages recoverable in civil actions and on the technicalities of applications for payments under the DMPS and other statutory schemes Practical advice on the specific procedural issues that arise in asbestos disease claims and inquests Key case law discussed: Steve Hill Ltd v Witham, Head v Culver Heating Co Ltd and Rix v Paramount Shopfitting Company Ltd: a recent trilogy of Court of Appeal judgments which clarified the proper approach to the assessment of losses in asbestos disease claims Bussey v Anglia Heating Ltd: a key Court of Appeal decision concerning the correct approach to foreseeable risks in tort law and the impact and relevance of important technical guidance documents in asbestos claims. HMG3 LTD v Dunn: bespoke High Court guidance on the court’s approach to the exercise of its discretion to disapply the primary limitation period in cases involving claims for fatal asbestos disease. Heneghan v Manchester Dry Docks Ltd: a significant Court of Appeal decision importing the Fairchild rule into asbestos lung cancer claims and also applying the “doubles the risk” test to causation based on epidemiological evidence. Chandler v Cape Plc: a groundbreaking decision (recently re-affirmed by the Supreme Court) and the first case in which the Court of Appeal confirmed that a parent company could owe a direct duty of care to an employee who had been exposed to asbestos by one of its subsidiaries. McDonald v National Grid Electricity: a landmark decision from the Supreme Court concerning the scope of the Asbestos Industry Regulations 1931. DP v Topmark Claims Management Ltd: the first reported decision concerning the Diffuse Mesothelioma Payment Scheme 2014, which answers a number of questions concerning its requirements. Key Legislation Includes: Third Parties (Rights against Insurers) Act 1930 and 2010 Asbestos Industry Regulations 1931 Factories Act 1937 and 1961 Asbestos Regulations 1969 Limitation Act 1980 Control of Asbestos at Work Regulations 1987 and 2002 Control of Asbestos Regulations 2006 and 2012

• Experienced and respected authorship with real-world experience.
• Completely up-to-date and covers all key areas encountered in today’s litigation practice.
• Provides a wealth of practical insights into civil litigation in Singapore.
• Contains detailed commentary and analysis of the Rules of Court.
• Offers a step-by-step examination and explanation of the processes involved in civil litigation in Singapore with checklists and sample documents.

• Updated to include the latest legislative changes and cases decided by the local courts, so that busy practitioners can rest assured that they are relying on the most up-to-date information when conducting their practice.
• Commentaris and Precedents are provided by the leading law practices and expert practitioners.
• New chapter on Equity and Trusts and many new precedents to the other updated chapters.

Commercial litigation is one of the busiest areas of practice in Singapore with the commercial court developing its own unique nuances. Law & Practice of Commercial Litigation in Singapore provides an in-depth, comprehensive and practical look at the practice of commercial litigation.

The book aims to provide practical guidance to ensure success when resolving commercial disputes.  The objective recognises that success in commercial matters not only requires a knowledge of black letter commercial law (as well as all its intricacies), but a mastery of all those facets which make up commercial litigation practice.  This book is relevant not only for the practitioner in the Commercial Court but to anyone involved in commercial litigation.  It will also be a useful addition to the judge's library. 

Key Features:

• Follows the sequence of a case - the work is structured around the workflow and is packed full of practical guidance on commercial litigation, making it the most up-to-date law & practical tool a lawyer would need.
• Provides a narrative guide to modern commercial dispute resolution, from pre-action procedures to appeals.
• Practice-focused book prepared by well-known commercial litigation practitioners in Singapore.
• Develops aspects of commercial litigation practice in detail in addition to comments on rules of court.

Key Benefits:

• Presents a clear and detailed account of commercial law, covering the fundamental principles and how the law works in practice.
• Takes in all the key issues faced in today's practice.
• Places emphasis on tactics, strategy and practical guidance.
• Offers a step-by-step examination and explanation of the processes involved in commercial litigation in Singapore.

An essential reference for anyone involved in trust marketing, structuring, client relationship management and administration.

This book is an invaluable reference for any serious practitioner needing information in the drafting of Singapore wills and trusts. It is a drafter’s handbook which illustrates the modern style of drafting found in other jurisdictions that can be beneficially used in Singapore. It enables the local practitioner to draft trust documentation with Singapore resident trustees under Singapore law that is accepted internationally by his peers.

There is excellent material covering diverse subjects such as the reservation by the settlor of the powers of investments, the office of protectors in trusts and private trust companies, which topics are not found in any conventional books on trusts.

The aim of this work is to aid the drafter by discussing all the issues which arise in drafting settlements and will trusts, and to provide precedents accompanied with an explanation of the clauses contained in them and the choices that have to be made.  

 

KEY FEATURES

• The precedents adopt a modern drafting style which reads simply and naturally.
• This book will also serve as a guide to the interpretation of trust documentation. 
• Contain well-researched and extensive material from international and Singapore sources that provides useful references to applicable legislation and case law.