Edray Ltd v Canning [2015] EWHC 2744 (Ch) (03 June 2015)

Edray Ltd v Canning [2015] EWHC 2744 (Ch) (03 June 2015)

The District Judge erred in holding that estoppel by convention was not applicable; communications from Teacher Stern created a shared assumption of valid service, and Edray relied on this to its prejudice. It would be unconscionable for Mr Canning to rely on defective service. No good reason exists under CPR 47.12(2) to allow detailed assessment proceedings to continue.

Citation
[2015] EWHC 2744 (Ch)
Parties
Claimant/respondent: Edray Limited; Defendant/appellant: Canning
Jurisdiction
England and Wales
Judgment Date
03 June 2015
Procedural Posture
Appeal / Judgment on Appeal Against Order Setting Aside Default Costs Certificate
Outcome
Appeal allowed
Legal Topics
Estoppel by Convention, Waiver, Service of Documents, Default Costs Certificate, Detailed Assessment of Costs
Civil Procedure Bankruptcy Costs Estoppel by Convention Waiver Service of Documents Default Costs Certificate Detailed Assessment of Costs

Case Brief

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Parties

Edray Limited

Claimant/respondent

Canning

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Order Setting Aside Default Costs Certificate

Legal Issues

  1. 1 Whether communications between solicitors constituted waiver or estoppel preventing reliance on defective service of Notice of Commencement
  2. 2 Whether the District Judge erred in setting aside the Default Costs Certificate under CPR 47.12(1)
  3. 3 Whether there was good reason under CPR 47.12(2) for detailed assessment proceedings to continue

Ratio Decidendi

The District Judge erred in holding that estoppel by convention was not applicable; communications from Teacher Stern created a shared assumption of valid service, and Edray relied on this to its prejudice. It would be unconscionable for Mr Canning to rely on defective service. No good reason exists under CPR 47.12(2) to allow detailed assessment proceedings to continue.

Court Disposition

Appeal allowed

Orders

  • Default Costs Certificate reinstated
  • Edray Limited to recover half its costs of the hearing before the District Judge