Fleming Builders v Forrest [2010] CSIH 8

This action followed an adjudication and a preliminary hearing on the evidence.

The Defenders claimed during the adjudication amongst other things that  there was no contract and accordingly the adjudicator had no jurisdiction. The adjudicator having found the parties to the contract to be the Pursuers and Defenders made a decision in favour of the Pursuers for the Defenders to pay the Pursuers.

No payment was made.

A preliminary hearing on the evidence found that there was a contract and there had been no failure on the part of the adjudicator to take account of the evidence, have regard to the argument that there was no contract at all or that there had been a breach of natural justice.

The Defenders reclaimed against the interlocuter that there was no contract between the Pursuers and the Defenders. The preliminary findings were upheld. The reclaiming motion was refused

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