T Clarke (Scotland) Ltd v MMAXX Underfloor Heating Ltd [2014] ScotCS CSOH_62 (26 March 2014)

T Clarke (Scotland) Ltd v MMAXX Underfloor Heating Ltd [2014] ScotCS CSOH_62 (26 March 2014)

The pursuer failed to establish a prima facie case for interim interdict; the threshold for restraining statutory adjudication rights was not met, and balance of convenience favoured the defender.

Citation
[2014] ScotCS CSOH_62
Parties
Pursuer: T Clarke (Scotland) Limited; Defender: MMAXX Underfloor Heating Limited
Jurisdiction
Scotland
Judgment Date
26 March 2014
Procedural Posture
Commercial Motion for Interim Interdict / Interim Hearing
Outcome
Motion for interim interdict refused
Legal Topics
Adjudication, Abuse of Process, Interim Interdict
Construction Law Civil Procedure Adjudication Abuse of Process Interim Interdict

Case Brief

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Parties

T Clarke (Scotland) Limited

Pursuer

MMAXX Underfloor Heating Limited

Defender

Procedural Posture

Commercial Motion for Interim Interdict / Interim Hearing

Legal Issues

  1. 1 Whether a party can be prevented from referring a dispute to adjudication
  2. 2 Whether prior conduct justifies interim interdict against future adjudications

Ratio Decidendi

The pursuer failed to establish a prima facie case for interim interdict; the threshold for restraining statutory adjudication rights was not met, and balance of convenience favoured the defender.

Court Disposition

Motion for interim interdict refused