“… MIA 1906. The NAC needed to refer expressly to an estoppel if it were to be effective, since, as Lord Bingham had said in HIH Casualty v. Chase Manhattan Bank [2003] 2 Lloyd’s Rep 61 at [11]: “the courts should not ordinarily infer that a contracting party has given up rights that the law has conferred upon him to an extent greater than the…”
“…uld be entitled at common law, it must do so clearly. To quote but one example, in HIH Casualty and General Insurance Ltd v Chase Manhattan Bank [2003] UKHL 6, [2003] 2 Lloyd’s Rep 61 Lord Bingham said:…”