This case arises out of the earlier decision of the Judge where he ordered a trial on the issue of the parties to the contract (See Estor Limited v Multifit (UK) Limited (No. 1) (2009) EWHC 2108. The issue before the court was the disputed identity of the parties to a contract, the significance of the issue being that if the contract was between Multifit and a company other than Estor then the adjudicator had no jurisdiction and his decision would not therefore be enforceable.

The Judge sets out the applicable approach where the identity of the parties to a contract is in dispute. The fact that a credit search application had been completed with Estor’s details was compelling as was the fact that payments had been made to Multifit by Estor. Construing these facts objectively, the Judge concluded that there had been a contract between Estor and Multifit. The adjudicator’s decision was therefore enforceable.