Injunction to restrain reference to adjudication refused

In Harding (t/a MJ Harding Contractors) v Paice and another [2014] EWCA Civ 1231 the Court of Appeal dismissed an appeal from the decision of Edwards-Stuart J (on which see our December 2014/January 2015 issue pp 4–7) and held that the appellant contractor was not entitled to an injunction to restrain the respondent employers from pursuing a reference to adjudication. The respondents’ failure to serve a valid Pay Less notice had the consequence that they were required to pay in full the amount shown on the contractor’s account but it did not prevent them from proceeding to an adjudication in order to determine the correct value of the contractor’s claims and their counter-claims.