The case concerned an application by the claimant (“Jacobs”) against the defendant (“Skanska”) for an injunction to restrain Skanska from proceeding with an adjudication, following Skanska’s withdrawal from an earlier adjudication in respect of the dispute between the parties. The material question raised by the dispute was whether a party to an adjudication is entitled to withdraw a dispute from adjudication and refer the same, or substantially the same, dispute to a second adjudication.
Mrs Justice O’Farrell DBE concluded that a party to an adjudication is entitled to withdraw unilaterally a dispute referred to adjudication and commence a further adjudication in respect of the same, or substantially the same, dispute. That in such circumstances, the court has power to grant an injunction to restrain pursuit of the further adjudication if the further adjudication is unreasonable and oppressive. The judgment was that in this case the second adjudication did not amount to unreasonable and oppressive behaviour, justifying the exercise of the courts’ discretion in granting injunctive relief. Jacobs is entitled to its wasted and/or additional costs, if any, caused by Skanska’s failure to comply with the agreement of 13 February 2017.
Instructed by Beale & Co for the Claimant.
Related barrister Nicholas Dennys QC.
To view the full judgment please click here.
29 September 2017