i-law

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.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.