||All England Reporter
|| All ER (D) 09 (Oct)
|| EWHC 2395 (TCC)
||Queen's Bench Division (Technology and Construction Court)
||Nicholas Dennys QC (instructed by Beale & Co) for Jacobs.
||Justin Mort QC (instructed by Skanska UK plc) for Skanska.
||29 September 2017
Adjudication - Injunction - Party withdrawing first adjudication and referring same, or substantially same, dispute to second adjudication
Adjudication Injunction. A party to an adjudication was entitled to withdraw unilaterally a dispute referred to adjudication and commence a further adjudication in respect of the same, or substantially the same, dispute. In such circumstances, the court had power to grant an injunction to restrain pursuit of the further adjudication if the further adjudication was unreasonable and oppressive. So held the Technology and Construction Court in dismissing the claimant's application for an injunction to restrain the defendant from proceeding with a second adjudication, following the defendant's withdrawal from an earlier adjudication in respect of a construction dispute between the parties. The court held that, on the facts of the case, the second adjudication did not amount to unreasonable and oppressive behaviour, justifying the exercise of the court's discretion in granting injunctive relief.
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