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 [2005] 98 Con LR 1

Counsel

David Thomas QC
Adam Constable QC

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