Building Law Monthly
No entitlement to injunction to restrain insolvent party from continuing with adjudication
In
Balfour Beatty Civil Engineering Ltd and Another v Astec Projects Ltd
(in liquidation) [2020] EWHC 796 (TCC) Waksman J held that the claimant was not entitled to an injunction to restrain the defendant company,
which was in insolvency, from proceeding with three adjudications against the claimant. The three adjudications between them
dealt with the entirety of the mutual dealings between the parties so that, at the end of the three adjudications, it would
be possible to identify the net sum payable by one party to the other by a simple mathematical calculation. However, his decision
not to grant an injunction was subject to a number of conditions relating to the time-frame within which the three adjudications
were to be held by a single adjudicator and also the time-frame for any challenge to the decision of the adjudicator.