Naylor (t/a Powerfloated Concrete Floors) v Greenacres Curling Ltd [2001] ScotCS 163 (26 June 2001)

Naylor (t/a Powerfloated Concrete Floors) v Greenacres Curling Ltd [2001] ScotCS 163 (26 June 2001)

Ordinary petition procedure is not competent for applications to the supervisory jurisdiction of the Court; such applications must be made by petition for judicial review. Therefore, there is no prima facie case for interim decree, and the interim interdict and suspension must be recalled.

Citation
[2001] ScotCS 163
Parties
Petitioner: William Naylor, t/a Powerfloated Concrete Floors; Respondent: Greenacres Curling Limited
Jurisdiction
Scotland
Judgment Date
26 June 2001
Procedural Posture
Petition for Suspension and Interdict / Motion to Recall Interim Interdict and Suspension
Outcome
interim interdict and suspension recalled; petition dismissed
Legal Topics
Adjudication Under Construction Contracts, Supervisory Jurisdiction, Judicial Review, Interdict, Arbitration
Construction Law Civil Procedure Adjudication Under Construction Contracts Supervisory Jurisdiction Judicial Review Interdict Arbitration

Case Brief

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Parties

William Naylor, t/a Powerfloated Concrete Floors

Petitioner

Greenacres Curling Limited

Respondent

Procedural Posture

Petition for Suspension and Interdict / Motion to Recall Interim Interdict and Suspension

Legal Issues

  1. 1 Whether the same dispute can be referred to adjudication twice under the Scheme for Construction Contracts (Scotland) Regulations 1998
  2. 2 Whether interdict and suspension are competent remedies to prevent a second adjudication on the same dispute
  3. 3 Whether ordinary petition procedure is competent or if judicial review is required

Ratio Decidendi

Ordinary petition procedure is not competent for applications to the supervisory jurisdiction of the Court; such applications must be made by petition for judicial review. Therefore, there is no prima facie case for interim decree, and the interim interdict and suspension must be recalled.

Court Disposition

interim interdict and suspension recalled; petition dismissed

Orders

  • Recall of interim interdict and suspension pronounced on 24 April 2001