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Just to note another decision of the Court of Appeal (NatWest -v- Somer International, 22/6/2001) reaffirming the flexibility of the doctrine of estoppel by representation in the face of the challenge of change of position. The Court appears to have accepted that it was unattractive that the extent of recovery should depend on whether or not the payment had been accompanied by a representation. The plea of estoppel succeeded only to the extent that the defendant had suffered actual detriment (arising from the insolvency of its contractual counterparty).

Andrew

Andrew Dickinson
Research Associate
Clifford Chance
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