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 20 August 2014 email, when objectively construed in the context of related correspondence, constituted a written acknowledgment by the defendant of the debt owed to the claimant, thereby restarting the limitation period under section 29(5) of the Limitation Act 1980. The defendant was personally liable for the debt, not merely acting as agent for a third party.

Citation
[2020] EWHC 1039 (QB)
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
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed in part, otherwise dismissed
Legal Topics
Limitation of Actions, Acknowledgment of Debt, Agency, Appeals Procedure
Contract Law Civil Procedure Limitation of Actions Acknowledgment of Debt Agency Appeals Procedure

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

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the claim was brought within the limitation period under the Limitation Act 1980
  2. 2 Whether the defendant's email constituted a written acknowledgment of the debt under section 29(5) of the Limitation Act 1980
  3. 3 Whether the defendant was liable for the debt or was acting as agent for a third party

Ratio Decidendi

The 20 August 2014 email, when objectively construed in the context of related correspondence, constituted a written acknowledgment by the defendant of the debt owed to the claimant, thereby restarting the limitation period under section 29(5) of the Limitation Act 1980. The defendant was personally liable for the debt, not merely acting as agent for a third party.

Court Disposition

Appeal allowed in part, otherwise dismissed

Orders

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