Injunction to restrain reference to adjudication refused

In Harding (t/a M J Harding Contractors) v Paice [2014] EWHC 3824 (TCC) Edwards-Stuart J held that the claimant was not entitled to an injunction to restrain the defendants from pursuing a reference to adjudication. He rejected the submission that the defendants had attempted to refer to adjudication a dispute that was the same or substantially similar to a dispute which had been decided in a previous adjudication between the parties. Of particular interest is his conclusion that para 9(2) of the Scheme for Construction Contracts did not prevent the defendants from referring to adjudication a dispute which had previously been referred to adjudication, but not decided by the adjudicator. The vital issue to consider is whether the matter has previously been decided by an adjudicator, not whether it has previously been referred to adjudication.