RCS Contractors Ltd v Conway

RCS Contractors Ltd v Conway

On the balance of probabilities, there was one contract between RSC Contractors Limited and Anthony Conway covering all three sites, so the adjudicator had jurisdiction to decide the dispute.

Parties
Claimant: RCS Contractors Limited; Defendant: Anthony Conway
Jurisdiction
England and Wales
Judgment Date
04 April 2017
Procedural Posture
Claim for Enforcement of Adjudicator's Decision / Judgment After Trial on Jurisdictional Issue
Outcome
Claim allowed; adjudicator's decision enforced.
Legal Topics
Adjudication, Jurisdiction, Oral Contracts, Enforcement of Adjudicator's Decision
Construction Law Contract Law Adjudication Jurisdiction Oral Contracts Enforcement of Adjudicator's Decision

Case Brief

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Parties

RCS Contractors Limited

Claimant

Anthony Conway

Defendant

Procedural Posture

Claim for Enforcement of Adjudicator's Decision / Judgment After Trial on Jurisdictional Issue

Legal Issues

  1. 1 Whether there was one contract or three separate contracts between RSC Contractors Limited and Anthony 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 contract between RSC Contractors Limited and Anthony Conway covering all three sites, so the adjudicator had jurisdiction to decide the dispute.

Court Disposition

Claim allowed; adjudicator's decision enforced.

Orders

  • RSC Contractors Limited is entitled to the sum sought (£59,551.65 inclusive of interest)
  • Judgment for RSC Contractors Limited