Millchris Developments Ltd v Waters

Millchris Developments Ltd v Waters

There are no exceptional circumstances justifying an injunction to restrain the adjudication. The difficulties cited by Millchris are not unique to the Covid-19 crisis and do not amount to a necessary breach of natural justice. The adjudication should proceed.

Parties
Claimant: Millchris Developments Ltd; Defendant: Fiona Selski Waters
Jurisdiction
England and Wales
Judgment Date
02 April 2020
Procedural Posture
Civil Construction Dispute / Application for Interim Injunction
Outcome
Application for interim injunction refused
Legal Topics
Interim Injunctions, Adjudication, Natural Justice, Covid 19 Litigation
Civil Procedure Construction Law Interim Injunctions Adjudication Natural Justice Covid 19 Litigation

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Parties

Millchris Developments Ltd

Claimant

Fiona Selski Waters

Defendant

Procedural Posture

Civil Construction Dispute / Application for Interim Injunction

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain the defendant from continuing with adjudication proceedings during the Covid-19 crisis
  2. 2 Whether the adjudication would necessarily breach natural justice

Ratio Decidendi

There are no exceptional circumstances justifying an injunction to restrain the adjudication. The difficulties cited by Millchris are not unique to the Covid-19 crisis and do not amount to a necessary breach of natural justice. The adjudication should proceed.

Court Disposition

Application for interim injunction refused

Orders

  • The application for an interim injunction is dismissed. The adjudication may proceed.