Maftoon (t/a Fm Construction Services) v Sayed & Anor

Maftoon (t/a Fm Construction Services) v Sayed & Anor

On the balance of probabilities, the contract was between Mr Maftoon and Mr Sayed in his personal capacity, as it was not made clear to Mr Maftoon that Mr Sayed was contracting as agent or director of the company.

Parties
Claimant: Farad Maftoon T/A FM Construction Services; First Defendant: Ahmed Sayed; Second Defendant: Lebaneat (Yarm) Limited
Jurisdiction
England and Wales
Judgment Date
07 July 2020
Procedural Posture
Civil / Judgment
Outcome
Declaration that the contract was between Mr Maftoon and Mr Sayed personally.
Legal Topics
Identity of Contracting Parties, Agency, Construction Contracts
Contract Law Identity of Contracting Parties Agency Construction Contracts

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Parties

Farad Maftoon T/A FM Construction Services

Claimant

Ahmed Sayed

First Defendant

Lebaneat (Yarm) Limited

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the contract for building works at 48 High Street, Yarm was entered into by Ahmed Sayed personally or by Lebaneat (Yarm) Limited acting through Ahmed Sayed

Ratio Decidendi

On the balance of probabilities, the contract was between Mr Maftoon and Mr Sayed in his personal capacity, as it was not made clear to Mr Maftoon that Mr Sayed was contracting as agent or director of the company.

Court Disposition

Declaration that the contract was between Mr Maftoon and Mr Sayed personally.

Orders

  • Parties invited to agree a form of order to give effect to the judgment.
  • If agreement not reached by 12 noon on 13 July 2020, parties to contact court to fix a hearing.