Restitution Discussion Group Archives
| Sender: |
Nicholas Briggs |
| Date: |
Thu, 22 Mar 2001 11:09:41 |
| Re: |
Answers on a postcard |
You can find a full transcript
on Casetrack.com. The case number
is A2/00/0418 or for those of you who are familiar with the neutral citation
[2001] EWCA CIV 369. The CA have ducked the issue of whether estoppel survives
the defence of change of position. The Court said that it would leave that
question for another case (curious as there was a direct finding of fact
at first instance in relation to estoppel). A member of my chambers shall
be running the argument that estoppel does survive. The Court of Appeal
adjourned the hearing pending the outcome of Derby and have acknowledged
that the argument is live. The matter is called National
Westminster Bank Plc v Somer International and is due to be heard in
the Court of Appeal on 9 April 2000. All arguments to support estoppel gratefully
received.
-----Original Message----- At 09:41 21/03/01 -0500, Lionel Smith
wrote:
I should also clarify my note about Scottish Equitable
-- the transcript is not yet available, just a summary. LDS Full text of Scots
Equitable v Derby now on my website at http://www.law.cam.ac.uk/
restitution/restitution.htm (Cases --> England and Wales --> Scottish
Equitable)
Judge Judy's ruling, by contrast, does
not seem to be reported in full yet, either on her website or elsewhere.
Steve Hedley
============================================ telephone and answering machine : (01223)
334931 Christ's College Cambridge CB2 3BU
From: Steve Hedley
Sent: 22 March 2001 10:25
Subject: [RDG:] Answers on a postcard
FACULTY OF LAW, UNIVERSITY OF CAMBRIDGE
messages : (01223) 334900
fax : (01223) 334967
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