Judicial Estoppel | Practical Law

Judicial Estoppel | Practical Law

Judicial Estoppel

Judicial Estoppel

Practical Law Glossary Item 8-518-6348 (Approx. 2 pages)

Glossary

Judicial Estoppel

A common law doctrine that prevents a party from taking a position that is contrary to a position the party took in an earlier legal proceeding. The purpose of judicial estoppel is to protect the integrity of the judicial process by preventing a party from gaining an unfair advantage or imposing an unfair detriment on the opposing party in a later proceeding. A court will typically invoke judicial estoppel where the earlier position was accepted by the court and the later position is clearly contradictory. Judicial estoppel may be raised as an affirmative defense.