DAVID RAYMOND BRIERLEY v FRANK OTUO & Ors

DAVID RAYMOND BRIERLEY v FRANK OTUO & Ors

The application for estoppel by convention fails because the defendants did not rely solely on the claimant’s redemption statement but also on their own assessment of the merits of their challenges, there was no mutual dealing in reliance on the assumption, and no sufficient detriment or corresponding benefit was established. Unassessed costs are not included in the sum required to discharge the charging orders as the relevant charging orders do not secure unassessed costs.

Parties
Claimant in HC 2017 000147, Defendant in HC 2017 000158: David Raymond Brierley; Defendant in HC 2017 000147, Claimant in HC 2017 000158: Frank Otuo; Defendant in HC 2017 000147: Ruth Otuo; Defendant in HC 2017 000147: Jason Adu-Gyamfi; Defendant in HC 2017 000147: Jayana Thenuara; Defendant in HC 2017 000158: Lisa-Jayne Brierley
Jurisdiction
England and Wales
Judgment Date
28 June 2022
Procedural Posture
Civil (property/trusts/probate) / Ruling on Estoppel Application and Treatment of Unassessed Costs
Outcome
Application dismissed
Legal Topics
Estoppel by Convention, Charging Orders, Costs Assessment, Redemption of Charges
Property Law Trusts Civil Procedure Estoppel by Convention Charging Orders Costs Assessment Redemption of Charges

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Parties

David Raymond Brierley

Claimant in HC 2017 000147, Defendant in HC 2017 000158

Frank Otuo

Defendant in HC 2017 000147, Claimant in HC 2017 000158

Ruth Otuo

Defendant in HC 2017 000147

Jason Adu-Gyamfi

Defendant in HC 2017 000147

Jayana Thenuara

Defendant in HC 2017 000147

Lisa-Jayne Brierley

Defendant in HC 2017 000158

Procedural Posture

Civil (property/trusts/probate) / Ruling on Estoppel Application and Treatment of Unassessed Costs

Legal Issues

  1. 1 Whether the claimant is estopped by convention from resiling from his redemption statement dated 22 October 2021
  2. 2 Whether unassessed costs are to be disregarded in determining the sum required to discharge all charging orders on the defendants’ properties

Ratio Decidendi

The application for estoppel by convention fails because the defendants did not rely solely on the claimant’s redemption statement but also on their own assessment of the merits of their challenges, there was no mutual dealing in reliance on the assumption, and no sufficient detriment or corresponding benefit was established. Unassessed costs are not included in the sum required to discharge the charging orders as the relevant charging orders do not secure unassessed costs.

Court Disposition

Application dismissed

Orders

  • The estoppel application is dismissed.
  • Unassessed costs are not included in the sum required to discharge the charging orders on Leigham Court Road.