Dacy Building Services Ltd v IDM Properties LLP [2018] EWHC 178 (TCC) (05 February 2018)

Dacy Building Services Ltd v IDM Properties LLP [2018] EWHC 178 (TCC) (05 February 2018)

On the balance of probabilities, an oral contract was concluded between Dacy Building Services Limited and IDM Properties LLP at the meeting on 3 December 2015, as evidenced by the conduct of the parties, the payment arrangements, and the credible testimony of witnesses. Therefore, the adjudicator had jurisdiction...

Source-derived case information.

Citation
[2018] EWHC 178 (TCC)
Parties
Claimant: Dacy Building Services Limited; Defendant: IDM Properties LLP
Jurisdiction
England and Wales
Judgment Date
05 February 2018
Procedural Posture
Trial of Preliminary Issue (adjudication Enforcement) / Judgment After Expedited Trial
Outcome
Claim allowed; adjudicator's decision enforced.
Legal Topics
Adjudication Enforcement, Existence of Contract, Oral Contracts, Jurisdiction of Adjudicator, Relief From Sanctions
Construction Law Contract Law Civil Procedure Adjudication Enforcement Existence of Contract Oral Contracts Jurisdiction of Adjudicator Relief From Sanctions

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Parties

Dacy Building Services Limited

Claimant

IDM Properties LLP

Defendant

Procedural Posture

Trial of Preliminary Issue (adjudication Enforcement) / Judgment After Expedited Trial

Legal Issues

  1. 1 Whether an oral contract existed between Dacy Building Services Limited and IDM Properties LLP for construction works at Camberwell New Road, London SE5, such that the adjudicator had jurisdiction to make an enforceable decision.

Ratio Decidendi

On the balance of probabilities, an oral contract was concluded between Dacy Building Services Limited and IDM Properties LLP at the meeting on 3 December 2015, as evidenced by the conduct of the parties, the payment arrangements, and the credible testimony of witnesses. Therefore, the adjudicator had jurisdiction and his decision is enforceable.

Court Disposition

Claim allowed; adjudicator's decision enforced.

Orders

  • IDM Properties LLP to pay Dacy Building Services Limited the sum awarded by the adjudicator (£247,250 plus interest).
  • Costs to be paid by IDM Properties LLP.