Estoppel forces bank to charge fees in line with their estimate rather than with the contract (Court of Appeal)

The Court of Appeal has ruled that a bank, having provided an estimate of its fees calculated on one basis, was estopped from subsequently calculating its fees on another basis (albeit one set out in the original contract). It was also held that where a mistake was made in the drafting, if the mistake is not in the language but in failing to anticipate its consequences, then the court should not construe the clause in a way that will correct that mistake (ING Bank NV v Ros Roca SA [2011] EWCA Civ 353).