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February 2020

The Law of Estoppel

We are delighted to announce the book launch of The Law of Estoppel, by Michael Barnes QC. In his third book from Hart Publishing – following The Law of Compulsory Purchase and Compensation (2014) and The Law of Rights of Light (2016) – Michael examines all the forms of estoppel in operation today, including estoppel by record (res iudicata), as well as of the associated doctrine of election.

“This book is intended to provide a comprehensive statement of the whole of the law of estoppel in this country. It includes estoppel by record (res iudicata) and there is a chapter on the allied subject of election. A separate chapter is devoted to each of the main forms of estoppel as they stand today, that is estoppel by representation, estoppel by deed, estoppel by convention, promissory estoppel, proprietary estoppel and estoppel by record. The general format is that for each form of estoppel, and for election, the historical background and the current status of the estoppel are explained, followed by a statement of the essential elements of the estoppel and then a detailed analysis of each element. Each chapter concludes with a brief summary of the law and of the matters which have to be proved to establish the estoppel in question. A separate chapter covers those general matters which arise for most forms of estoppel such as when an estoppel can benefit or burden third parties and the possible conflict between estoppel and statutory provisions, especially where the law is unclear on such questions. Estoppel has developed vigourously in Australia and New Zealand, in some ways more flexibly than in the UK, and there is an explanation of principles and of leading cases in these jurisdictions.” Michael Barnes QC

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