MARS BLACK SHEEP HOTELS LTD AGAINST DOUGLAS & STEWART UK LTD [2019] ScotCS CSOH_64 (13 August 2019)

MARS BLACK SHEEP HOTELS LTD AGAINST DOUGLAS & STEWART UK LTD [2019] ScotCS CSOH_64 (13 August 2019)

The pursuer established only a prima facie case, not a strong one. The balance of convenience favoured recall of the interim orders, as the statutory right to adjudication should not be impeded except in exceptional circumstances, and the pursuer's risk of non-recovery was not sufficient to outweigh the defender's right to adjudication.

Citation
[2019] ScotCS CSOH_64
Parties
Pursuer: Mars Black Sheep Hotels Limited; Defender: Douglas & Stewart UK Limited
Jurisdiction
Scotland
Judgment Date
13 August 2019
Procedural Posture
Commercial Action / Motion for Recall of Interim Interdict and Interim Suspension
Outcome
interim interdict and interim suspension recalled
Legal Topics
Interim Interdict, Adjudication in Construction Contracts, Misrepresentation, Reduction of Contract, Balance of Convenience
Contract Law Construction Law Civil Procedure Interim Interdict Adjudication in Construction Contracts Misrepresentation Reduction of Contract Balance of Convenience

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Parties

Mars Black Sheep Hotels Limited

Pursuer

Douglas & Stewart UK Limited

Defender

Procedural Posture

Commercial Action / Motion for Recall of Interim Interdict and Interim Suspension

Legal Issues

  1. 1 Whether the pursuer has a prima facie case for interim interdict and interim suspension to prevent adjudication under a construction contract
  2. 2 Whether the balance of convenience favours continuation or recall of interim orders

Ratio Decidendi

The pursuer established only a prima facie case, not a strong one. The balance of convenience favoured recall of the interim orders, as the statutory right to adjudication should not be impeded except in exceptional circumstances, and the pursuer's risk of non-recovery was not sufficient to outweigh the defender's right to adjudication.

Court Disposition

interim interdict and interim suspension recalled

Orders

  • Recall of interim interdict and interim suspension granted
  • Leave to reclaim granted