Billingford Holdings Ltd & BFL Trade Ltd v SMC Building Solutions Ltd & Anor

Billingford Holdings Ltd & BFL Trade Ltd v SMC Building Solutions Ltd & Anor

The application does not present rare or exceptional circumstances justifying court intervention in an ongoing adjudication. Jurisdictional challenges are conventional and should be addressed at the enforcement stage. Granting interim relief would improperly interfere with the adjudicator's control of the procedure and timetable.

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 in Ongoing Adjudication / Hearing of Application for Interim Injunction
Outcome
Application for interim injunction refused
Legal Topics
Adjudication, Jurisdiction of Adjudicator, Interim Injunctions, Enforcement of Adjudicator's Decisions
Construction Law Civil Procedure Adjudication Jurisdiction of Adjudicator Interim Injunctions Enforcement of Adjudicator's Decisions

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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 in Ongoing Adjudication / Hearing of Application for Interim Injunction

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 Appropriate stage for jurisdictional challenges in adjudication

Ratio Decidendi

The application does not present rare or exceptional circumstances justifying court intervention in an ongoing adjudication. Jurisdictional challenges are conventional and should be addressed at the enforcement stage. Granting interim relief would improperly interfere with the adjudicator's control of the procedure and timetable.

Court Disposition

Application for interim injunction refused

Orders

  • No order made on the claimants' application for interim relief
  • Costs to be considered following submissions