Mentmore Towers Ltd & Ors v Packman Lucas Ltd. [2010] EWHC 457 (TCC) (16 March 2010)

Mentmore Towers Ltd & Ors v Packman Lucas Ltd. [2010] EWHC 457 (TCC) (16 March 2010)

It is unreasonable and oppressive for the Claimants to pursue further adjudications without first honouring the adjudicator's awards and court judgments enforcing them. The same principles apply to restraining adjudication as to staying litigation. The Claimants' conduct circumvents the statutory policy of the HGCRA and justifies injunctive relief.

Citation
[2010] EWHC 457 (TCC)
Parties
Claimant: Mentmore Towers Ltd; Claimant: Good Start Ltd; Claimant: Anglo Swiss Holdings Ltd; Defendant: Packman Lucas Ltd
Jurisdiction
England and Wales
Judgment Date
16 March 2010
Procedural Posture
Application for Injunction / Post Judgment, Application to Restrain Adjudication
Outcome
Injunction granted restraining Claimants from pursuing adjudications until compliance with prior court orders and judgments.
Legal Topics
Adjudication, Injunctions, Enforcement of Adjudicator's Decisions, Stay of Proceedings, Oppressive Conduct
Construction Law Civil Procedure Adjudication Injunctions Enforcement of Adjudicator's Decisions Stay of Proceedings Oppressive Conduct

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Parties

Mentmore Towers Ltd

Claimant

Good Start Ltd

Claimant

Anglo Swiss Holdings Ltd

Claimant

Packman Lucas Ltd

Defendant

Procedural Posture

Application for Injunction / Post Judgment, Application to Restrain Adjudication

Legal Issues

  1. 1 Whether the court has power to grant an injunction restraining pursuit of adjudication
  2. 2 Whether criteria for injunction differ from those for stay of litigation
  3. 3 Whether alleged exaggeration of overpayment affects prior reasoning

Ratio Decidendi

It is unreasonable and oppressive for the Claimants to pursue further adjudications without first honouring the adjudicator's awards and court judgments enforcing them. The same principles apply to restraining adjudication as to staying litigation. The Claimants' conduct circumvents the statutory policy of the HGCRA and justifies injunctive relief.

Court Disposition

Injunction granted restraining Claimants from pursuing adjudications until compliance with prior court orders and judgments.

Orders

  • Stay of proceedings lifted solely for hearing and determining Defendant's application dated 26 February 2010.
  • Each Claimant restrained from taking substantive steps in adjudications commenced by Notices of Adjudication dated 23 February 2010 or enforcing any adjudicator's decision until compliance with specified court orders.