Ramise-Edwards v Idowu & Anor [2020] EWHC 1039 (QB) (30 April 2020)

Ramise-Edwards v Idowu & Anor [2020] EWHC 1039 (QB) (30 April 2020)

The defendant's email of 20 August 2014, when read objectively and in context with related correspondence, constituted a written acknowledgment of the debt owed personally by the defendant to the claimant under section 29(5) of the Limitation Act 1980. Therefore, the limitation period was refreshed and the claim was not statute-barred.

Citation
[2020] EWHC 1039
Parties
Claimant/first Respondent: Idris Ramise-Edwards; First Defendant/appellant: Kolawole Babatunde Idowu; Second Defendant/second Respondent: Patrick Okonmah
Jurisdiction
England and Wales
Judgment Date
30 April 2020
Procedural Posture
Appeal (civil) / Judgment on Appeal From County Court
Outcome
Appeal allowed in part and dismissed in part
Legal Topics
Limitation of Actions, Acknowledgment of Debt, Agency, Loan Recovery
Contract Law Civil Procedure Limitation of Actions Acknowledgment of Debt Agency Loan Recovery

Case Brief

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Parties

Idris Ramise-Edwards

Claimant/first Respondent

Kolawole Babatunde Idowu

First Defendant/appellant

Patrick Okonmah

Second Defendant/second Respondent

Procedural Posture

Appeal (civil) / Judgment on Appeal From County Court

Legal Issues

  1. 1 Whether the claim was statute-barred under the Limitation Act 1980
  2. 2 Whether the defendant's email constituted a written acknowledgment of debt under section 29(5) of the Limitation Act 1980
  3. 3 Whether the defendant was liable as principal or only as agent for a third party

Ratio Decidendi

The defendant's email of 20 August 2014, when read objectively and in context with related correspondence, constituted a written acknowledgment of the debt owed personally by the defendant to the claimant under section 29(5) of the Limitation Act 1980. Therefore, the limitation period was refreshed and the claim was not statute-barred.

Court Disposition

Appeal allowed in part and dismissed in part

Orders

  • The judgment sum due from the appellant to the first respondent is reduced by £8,303 to £37,475.21, with interest reduced to £1,124.25, making a total of £38,599.46.
  • Appellant remains at liberty to deduct previously assessed costs of £5,000 from the judgment sum.