Elliot is the director of the JD and JD-MBA programmes and a co-director of the BBA-JD Programme at CUHK LAW. Elliot practiced for many years at the Bar in Hong Kong with an emphasis on land and building development disputes. Elliot obtained his Bachelor of Civil Law from the University of Oxford and has taught at the Faculty for over 10 years on the LLB, JD, LLM and PCLL programmes. His areas of research interest are land law, employment law and the financial regulation of markets.
The development of contractual estoppel in Hong Kong
Where parties enter a contract on an expressed basis, the doctrine of contractual estoppel prevents the parties from denying that basis even if it turns out to be untrue. In recent years, the doctrine of contractual estoppel has come under substantial judicial scrutiny as it is often used by financial institutions against claims based on the mis-selling financial products. This paper will examine how the doctrine of contractual estoppel has gained traction in Hong Kong and where it stands in light of an apparent shift in judicial thinking on the topic in light of recent cases in the U.K.