How to get an injunction to stop an adjudication

In the recent case of Twintec Limited v Volkerfitzpatrick Limited [2014] EWHC 10 (TCC), the Technology and Construction Court provided some useful guidance regarding the circumstances in which the court may be willing to grant an injunction to prevent an adjudication from proceeding.

Here, the use of an incorrect procedure to appoint the adjudicator meant that the adjudicator did not have jurisdiction to decide the dispute and any decision he reached would have been unenforceable. The court held that this justified the granting of an injunction to prevent the adjudication from proceeding.

The court also considered a number of alternative arguments in favour of an injunction, including that the adjudication would undermine existing court proceedings between the parties and that the adjudication was intended to cause maximum disruption to the defending party's legal team and expert witnesses. In rejecting those arguments, the court made it clear that an injunction to prevent an adjudication from proceeding would only be granted in rare and exceptional circumstances.

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