Millchris Developments Ltd v Waters [2020] EWHC 1320 (TCC) (02 April 2020)

There are no exceptional circumstances justifying an injunction; the adjudication can proceed fairly despite Covid-19, and no serious issue to be tried exists regarding breach of natural justice.

Citation: [2020] EWHC 1320 (TCC)
Parties: Claimant: Millchris Developments Ltd; Defendant: Fiona Selski Waters
Jurisdiction: England and Wales
Judgment Date: 02 April 2020
Procedural Posture: Interim Injunction Application / Application Hearing
Outcome: Application refused
Legal Topics: Adjudication, Injunctions, Natural Justice, Covid 19 Impact

Construction Law Civil Procedure Adjudication Injunctions Natural Justice Covid 19 Impact

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Parties

Millchris Developments Ltd

Claimant

Fiona Selski Waters

Defendant

Procedural Posture

Interim Injunction Application / Application Hearing

Legal Issues

1 Whether an interim injunction should be granted to restrain adjudication proceedings
2 Whether the adjudication would necessarily breach natural justice due to Covid-19 circumstances

Ratio Decidendi

There are no exceptional circumstances justifying an injunction; the adjudication can proceed fairly despite Covid-19, and no serious issue to be tried exists regarding breach of natural justice.

Court Disposition

Application refused

Orders

Adjudication may proceed
No injunction granted