Posts by Simon Heatley

  • Playing fast and loose with justice: estoppel by conduct

    The potential for estoppel to arise based on the conduct of a party in litigation is well established in the law of England and Wales. The courts acknowledge that a party cannot change its position adopted in previous proceedings and then expect the court not to hold that party to its previous conduct.

  • It takes three to agree: time extensions and Commercial Court protocol

    In Griffin Underwriting Ltd v Varouxakis (Free Goddess), the parties agreed a litigation moratorium following the filing by the defendant of an acknowledgment of service indicating that he intended to contest jurisdiction. At the time of entering the moratorium, the defendant had one day left in which to bring his challenge.