Dacy Building Services Ltd v IDM Properties LLP [2016] EWHC 3007 (TCC) (25 November 2016)

Dacy Building Services Ltd v IDM Properties LLP [2016] EWHC 3007 (TCC) (25 November 2016)

The Defendant has a realistic prospect of success in its defence that there was no contract between it and Dacy, and the dispute cannot be resolved summarily due to conflicting evidence; summary judgment is therefore refused.

Citation
[2016] EWHC 3007 (TCC)
Parties
Claimant: Dacy Building Services Limited; Defendant: IDM Properties LLP
Jurisdiction
England and Wales
Judgment Date
25 November 2016
Procedural Posture
Summary Judgment Application / Application for Summary Judgment to Enforce Adjudicator's Decision
Outcome
Application for summary judgment dismissed
Legal Topics
Adjudication Enforcement, Jurisdiction, Oral Contracts, Summary Judgment
Construction Law Contract Law Adjudication Enforcement Jurisdiction Oral Contracts Summary Judgment

Case Brief

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Parties

Dacy Building Services Limited

Claimant

IDM Properties LLP

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment to Enforce Adjudicator's Decision

Legal Issues

  1. 1 Whether there was a contract between Dacy and IDM Properties
  2. 2 Whether the adjudicator had jurisdiction to make the award
  3. 3 Whether IDM Properties submitted to the adjudicator's jurisdiction

Ratio Decidendi

The Defendant has a realistic prospect of success in its defence that there was no contract between it and Dacy, and the dispute cannot be resolved summarily due to conflicting evidence; summary judgment is therefore refused.

Court Disposition

Application for summary judgment dismissed

Orders

  • Application for summary judgment refused