Edray Ltd v Canning

Edray Ltd v Canning

The communications from Teacher Stern created a clear, shared assumption that valid service had occurred. Edray relied on this assumption and suffered prejudice, as they would have effected proper service but for Teacher Stern's conduct. It would be unconscionable for Mr Canning to resile from this assumption. The District Judge erred in holding estoppel principles were not applicable; estoppel by convention applies and the Default Costs Certificate should not have been set aside.

Parties
Claimant/respondent: Edray Limited; Defendant/appellant: Anthony Canning
Jurisdiction
England and Wales
Judgment Date
03 June 2015
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Service of Documents, Estoppel by Convention, Waiver, Default Costs Certificate, Detailed Assessment of Costs
Civil Procedure Costs Service of Documents Estoppel by Convention Waiver Default Costs Certificate Detailed Assessment of Costs

Case Brief

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Parties

Edray Limited

Claimant/respondent

Anthony Canning

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether communications between solicitors constituted waiver or estoppel regarding defective service of Notice of Commencement
  2. 2 Whether the District Judge erred in setting aside the Default Costs Certificate
  3. 3 Whether there was unconscionable prejudice to Edray from reliance on a shared assumption of valid service

Ratio Decidendi

The communications from Teacher Stern created a clear, shared assumption that valid service had occurred. Edray relied on this assumption and suffered prejudice, as they would have effected proper service but for Teacher Stern's conduct. It would be unconscionable for Mr Canning to resile from this assumption. The District Judge erred in holding estoppel principles were not applicable; estoppel by convention applies and the Default Costs Certificate should not have been set aside.

Court Disposition

Appeal allowed

Orders

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