Claimant denied summary judgment in claim for payment

In PM Project Services Ltd v Dairy Crest Ltd [2016] EWHC 1235 (TCC) Edwards-Stuart J held that the claimant was not entitled to summary judgment in respect of its claim for payment under an invoice. The defendant was held to have a real prospect of success in resisting the claimant’s claim for payment on the ground that the claimant was estopped from bringing its claim for payment. There were various factors which suggested that it might be inequitable to permit the claimant to resile from the promise which it had made not to issue the invoice until a particular event had occurred and these issues were best resolved at trial on the evidence and not in summary judgment proceedings.