RCS Contractors Ltd v Conway [2017] EWHC 715 (TCC) (04 April 2017)

RCS Contractors Ltd v Conway [2017] EWHC 715 (TCC) (04 April 2017)

On the balance of probabilities, there was one single oral contract between RCS and Mr Conway covering all three sites. Therefore, the adjudicator had jurisdiction to decide the dispute, and the claimant is entitled to enforce the adjudicator's decision.

Citation
[2017] EWHC 715 (TCC)
Parties
Claimant: RCS Contractors Limited; Defendant: Anthony Conway
Jurisdiction
England and Wales
Judgment Date
04 April 2017
Procedural Posture
Enforcement of Adjudicator's Decision / Trial on Jurisdictional Issue
Outcome
Claim allowed
Legal Topics
Adjudication Jurisdiction, Oral Construction Contracts, Enforcement of Adjudicator's Decision
Construction Law Contract Law Adjudication Jurisdiction Oral Construction Contracts Enforcement of Adjudicator's Decision

Case Brief

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Parties

RCS Contractors Limited

Claimant

Anthony Conway

Defendant

Procedural Posture

Enforcement of Adjudicator's Decision / Trial on Jurisdictional Issue

Legal Issues

  1. 1 Whether there was a single construction contract or three separate contracts between RCS and Mr Conway for works at three sites
  2. 2 Whether the adjudicator had jurisdiction to decide the dispute

Ratio Decidendi

On the balance of probabilities, there was one single oral contract between RCS and Mr Conway covering all three sites. Therefore, the adjudicator had jurisdiction to decide the dispute, and the claimant is entitled to enforce the adjudicator's decision.

Court Disposition

Claim allowed

Orders

  • RCS Contractors Limited is entitled to enforce the adjudicator's decision and recover the sum sought, together with interest.