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United Kingdom limitationby conventioncompromise and estoppel

Colchester Borough Council v Smith

[1991] Ch 448
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Chancery Division (Ferris J)
Year1991
StatusBinding authority

Key Principle

A person who, by a compromise agreement entered into to resolve a threatened dispute, acknowledges another's title and disclaims any adverse-possession claim is thereafter estopped (by contract and by convention) from asserting that he had acquired title under the Limitation Act, and such a bona fide compromise is binding even though it precludes reliance on an otherwise complete limitation defence.

Area of Law

General

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