Billingford Holdings Ltd & BFL Trade Ltd v SMC Building Solutions Ltd & Anor [2019] EWHC 711 (TCC) (08 March 2019)

Billingford Holdings Ltd & BFL Trade Ltd v SMC Building Solutions Ltd & Anor [2019] EWHC 711 (TCC) (08 March 2019)

The Technology and Construction Court will not grant an injunction to restrain an ongoing adjudication except in rare or exceptional cases. The present case does not meet that threshold, as the jurisdictional challenge is conventional and should be addressed at the enforcement stage, not by interim relief.

Citation
[2019] EWHC 711 (TCC)
Parties
Claimant: Billingford Holdings Ltd; Claimant: BFL Trade Ltd; Defendant: SMC Building Solutions Ltd; Defendant: Nigel Anthony Dight
Jurisdiction
England and Wales
Judgment Date
08 March 2019
Procedural Posture
Application for Urgent Interim Relief (injunction) / Interim Application Hearing
Outcome
Application for interim injunction refused
Legal Topics
Adjudication, Jurisdiction of Adjudicator, Interim Injunctions, CPR Part 8, Enforcement of Adjudicator's Decision
Construction Law Civil Procedure Adjudication Jurisdiction of Adjudicator Interim Injunctions CPR Part 8 Enforcement of Adjudicator's Decision

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Parties

Billingford Holdings Ltd

Claimant

BFL Trade Ltd

Claimant

SMC Building Solutions Ltd

Defendant

Nigel Anthony Dight

Defendant

Procedural Posture

Application for Urgent Interim Relief (injunction) / Interim Application Hearing

Legal Issues

  1. 1 Whether the court should grant an injunction to restrain an ongoing adjudication
  2. 2 Whether the adjudicator has jurisdiction to determine the dispute
  3. 3 Appropriateness of court intervention in adjudication proceedings

Ratio Decidendi

The Technology and Construction Court will not grant an injunction to restrain an ongoing adjudication except in rare or exceptional cases. The present case does not meet that threshold, as the jurisdictional challenge is conventional and should be addressed at the enforcement stage, not by interim relief.

Court Disposition

Application for interim injunction refused

Orders

  • No order made on the claimants' application for interim relief
  • No suspension of the adjudication proceedings