Maftoon (t/a Fm Construction Services) v Sayed & Anor [2020] EWHC 1801 (TCC) (07 July 2020)

Maftoon (t/a Fm Construction Services) v Sayed & Anor [2020] EWHC 1801 (TCC) (07 July 2020)

On the balance of probabilities, the contract was between Mr Maftoon and Mr Sayed personally, as at no stage was it made clear to Mr Maftoon that Sayed was acting as agent or director for the company; communications, quotations, and acceptance lacked company identification, and extrinsic evidence did not establish company involvement at contract formation.

Citation
[2020] EWHC 1801 (TCC)
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
Part 8 Claim / Judgment After Written Evidence, No Cross Examination
Outcome
Declaration that contract was with Ahmed Sayed personally, not Lebaneat (Yarm) Limited.
Legal Topics
Identity of Contracting Party, Agency, Capacity, Construction Contracts
Contract Law Construction Law Identity of Contracting Party Agency Capacity Construction Contracts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Farad Maftoon T/A FM Construction Services

Claimant

Ahmed Sayed

First Defendant

Lebaneat (Yarm) Limited

Second Defendant

Procedural Posture

Part 8 Claim / Judgment After Written Evidence, No Cross Examination

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 personally, as at no stage was it made clear to Mr Maftoon that Sayed was acting as agent or director for the company; communications, quotations, and acceptance lacked company identification, and extrinsic evidence did not establish company involvement at contract formation.

Court Disposition

Declaration that contract was with Ahmed Sayed personally, not Lebaneat (Yarm) Limited.

Orders

  • Parties to agree form of order to give effect to judgment.
  • If not agreed, court to resolve outstanding matters on papers or at further hearing.