| 31. | And what proprietary claim was Mr Cobbe making that an estoppel was necessary to protect?
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| 32. | Alternatively, there was an equitable estoppel.
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| 33. | A fourth category, equitable easements arising by virtue of proprietary estoppel, is contested.
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| 34. | It is one type of file-wrapper estoppel, the other being prosecution history estoppel.
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| 35. | It is one type of file-wrapper estoppel, the other being prosecution history estoppel.
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| 36. | Estoppel allows an implied promise to act as a shield against litigation but never a sword.
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| 37. | There are a huge array of different types of estoppel which can arise under English law.
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| 38. | Estoppel is an equitable ( as opposed to common law ) construct and is therefore discretionary.
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| 39. | Further, there was no existing relationship between the parties that could give rise to estoppel.
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| 40. | Second, an easement may also come about through an express assurance, triggering proprietary estoppel.
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