E.ON Energy Solutions Limited has successfully obtained summary judgment on an allegation of estoppel by convention made by Last Mile Gas Limited in the context of ongoing proceedings concerning E.ON’s alleged liability to pay meter removal charges under the Independent Gas Transporters’ Uniform Network Code.
The application for summary judgment was heard by HHJ Worster, sitting in the Circuit Commercial Court in Birmingham. Following a remote half-day hearing in November 2021, HHJ Worster handed down judgment in E.ON’s favour.
The judge considered that the relevant principles of law were settled by the Supreme Court in Tinkler, and that all the relevant evidence was before the Court.
The judge concluded that Last Mile’s case that an estoppel by convention arose in the terms alleged by Last Mile had no real prospect of success, and there was no other compelling reason why the issue should be disposed of at trial.
E.ON was represented by Emma Jones (unled), instructed by Pinsent Masons LLP. You can view the full judgment here.