Stork Technical Services (RBG) Ltd v Ross

Contract – Contract for supply of services – Identity of contracting parties. Court of Session: In an action in which the pursuers sought repayment of fees paid for an adjudicator's services from his executor on the basis of unjustified enrichment, the adjudicator's decision having been held unenforceable and reduced by the court, the court held that the adjudicator had not entered into the adjudicator's agreement in his personal capacity but as employee of a law firm, and it followed that any claim by the pursuers for repayment of the fee they paid for his services would require to be directed against that firm, as the other party to the contract for supply of those services.

Category: