Moyses Stevens Flowers Ltd v Flower Station Ltd & Anor [2024] EWHC 4 (Ch) (05 January 2024)

Moyses Stevens Flowers Ltd v Flower Station Ltd & Anor [2024] EWHC 4 (Ch) (05 January 2024)

The defences of settled account, estoppel by representation, and estoppel by convention are adequately pleaded and supported by evidence, and have a realistic prospect of success; the defendants are permitted to withdraw the concession made in the recital to the April 2023 order, allowing them to defend the claim fully.

Citation
[2024] EWHC 4 (Ch)
Parties
Claimant: Moyses Stevens Flowers Limited; First Defendant: Flower Station Limited; Second Defendant: Mr David Cohen
Jurisdiction
England and Wales
Judgment Date
05 January 2024
Procedural Posture
Commercial/contractual Dispute / Interlocutory Applications (strike Out, Summary Judgment, Amendment/withdrawal of Concession)
Outcome
Defendants' application to withdraw the concession is granted; claimant's application to strike out or for summary judgment is dismissed.
Legal Topics
Settled Account, Estoppel by Representation, Estoppel by Convention, Summary Judgment, Strike Out, Amendment of Pleadings, Withdrawal of Concession
Commercial Law Company Law Civil Procedure Settled Account Estoppel by Representation Estoppel by Convention Summary Judgment Strike Out +2 more

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Parties

Moyses Stevens Flowers Limited

Claimant

Flower Station Limited

First Defendant

Mr David Cohen

Second Defendant

Procedural Posture

Commercial/contractual Dispute / Interlocutory Applications (strike Out, Summary Judgment, Amendment/withdrawal of Concession)

Legal Issues

  1. 1 Whether the defences of settled account, estoppel by representation, and estoppel by convention should be struck out or subject to summary judgment
  2. 2 Whether the defendants should be permitted to withdraw a concession made in a recital to an earlier order

Ratio Decidendi

The defences of settled account, estoppel by representation, and estoppel by convention are adequately pleaded and supported by evidence, and have a realistic prospect of success; the defendants are permitted to withdraw the concession made in the recital to the April 2023 order, allowing them to defend the claim fully.

Court Disposition

Defendants' application to withdraw the concession is granted; claimant's application to strike out or for summary judgment is dismissed.

Orders

  • Defendants permitted to withdraw the concession in the recital to the 14 April 2023 order.
  • Claimant's application to strike out or for summary judgment is dismissed.