Lack of signed agreement not fatal to existence of contract

In Reveille Independent LLC v Anotech International (UK) Ltd [2016] EWCA Civ 443 the Court of Appeal considered the circumstance, which is not uncommon in the construction industry, where a written document states that it is not binding until it has been signed by the offeree and the offeree performs in the manner contemplated by the terms of the document but does not sign it. In such a case, has a contract been concluded between the parties? The answer given by the Court of Appeal is that there may be a contract in such a situation, although the question whether the parties have in fact entered into a contract will depend upon all the facts and circumstances of the case. On the facts of the present case it was held that the parties had indeed entered into a contract notwithstanding the failure to sign the agreement as intended.