MAFTOON (T/A FM CONSTRUCTION SERVICES) v SAYED AND ANOTHER

[2020] EWHC 1801 (TCC), Technology and Construction Court, HH Judge Davis-White QC sitting as a Judge of the High Court, 7 July 2020

Identity of parties to a contract – Whether contracting party was a director of the company or the company itself

The issue before the court was one that related to the identity of the parties to a contract for the carrying out of building works at a restaurant in North Yorkshire. The identity of the claimant was not in dispute. The claimant was Mr Farad Maftoon, trading as FM Construction Services. The dispute centred on the identity of the defendant, in particular whether the claimant had contracted with Mr Ahmed Sayed acting in a personal capacity or whether he had contracted with the second defendant, Lebaneat (Yarm) Ltd, acting by its director, Mr Sayed.