Emcor Drake & Scull Ltd v Sir Robert McAlpine Ltd
Citation: All ER (D) 81
Nature of case:
This was trial of a preliminary issue in a sub-contract dispute as to whether a sub-contract had been entered into between the parties to complete all the M&E works or whether only smaller arrangements had been made in anticipation of a sub-contract which never eventuated. The court’s finding in favour of the claimant’s sub-contractor adopted the latter interpretation.
See also the Court of Appeal decision: Emcor Drake & Scull Ltd v Sir Robert McAlpine Ltd  98 Con LR 1