ATALIAN SERVEST AMK LTD V B W (ELECTRICAL CONTRACTORS) LTD AND B W (ELECTRICAL CONTRACTORS) LTD v ATALIAN SERVEST AMK LTD

[2023] CSOH 14, Outer House of the Court of Session, Lord Sandison, 16 February 2023

Adjudication – Enforcement – Contract – Identity of the party subject to an obligation to make payment

A dispute arose between the parties to a contract for the carrying out of electrical work and in the present litigation there were two claims brought, one by each party. The essential issue in dispute was one that concerned the identity of the party subject to an obligation to make payment to the other pending the outcome of the substantive proceedings between them.