Moyses Stevens Flowers Limited v Flower Station Limited & Anor

Moyses Stevens Flowers Limited v Flower Station Limited & Anor

The defences of settled account, estoppel by representation, and estoppel by convention were adequately pleaded and supported by evidence sufficient to have a realistic prospect of success at trial. The recital to the April 2023 order was a concession, not an admission, and the defendants should be permitted to withdraw it by amendment, balancing the prejudice to both parties and the overriding objective. The applications to strike out or for summary judgment were dismissed, and permission to amend was granted.

Parties
Claimant: Moyses Stevens Flowers Limited; First Defendant: Flower Station Limited; Second Defendant: Mr David Cohen
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (commercial/contract) / Interlocutory Applications (strike Out/summary Judgment and Amendment/withdrawal of Concession)
Outcome
Defendants' application to withdraw concession allowed; Claimant's application to strike out/for summary judgment dismissed.
Legal Topics
Settled Account, Estoppel by Representation, Estoppel by Convention, Summary Judgment, Strike Out Applications, Amendment of Pleadings, Admissions and Concessions
Contract Law Company Law Civil Procedure Settled Account Estoppel by Representation Estoppel by Convention Summary Judgment Strike Out Applications +2 more

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Parties

Moyses Stevens Flowers Limited

Claimant

Flower Station Limited

First Defendant

Mr David Cohen

Second Defendant

Procedural Posture

Civil (commercial/contract) / Interlocutory Applications (strike Out/summary Judgment and 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 limiting their pleaded case by amending their defence

Ratio Decidendi

The defences of settled account, estoppel by representation, and estoppel by convention were adequately pleaded and supported by evidence sufficient to have a realistic prospect of success at trial. The recital to the April 2023 order was a concession, not an admission, and the defendants should be permitted to withdraw it by amendment, balancing the prejudice to both parties and the overriding objective. The applications to strike out or for summary judgment were dismissed, and permission to amend was granted.

Court Disposition

Defendants' application to withdraw concession allowed; Claimant's application to strike out/for summary judgment dismissed.

Orders

  • Permission granted to the defendants to amend their defence to withdraw the concession in the recital to the 14 April 2023 order.
  • Claimant's application to strike out the defences or for summary judgment dismissed.