Balance of convenience favoured recall of interim interdict

In Mars Black Sheep Hotels Ltd v Douglas & Stewart UK Ltd [2019] CSOH 64 it was held that the pursuer was not entitled to an interim interdict to restrain the defender from taking any steps in furtherance of the adjudication which it had commenced, taking any steps to enforce any award resulting from that adjudication, or otherwise referring any dispute as to or arising from the contract to adjudication. Although the pursuer had a case to argue, the balance of convenience was held to favour the defenders given the fact that the pursuer had raised its concern late in the day and the fact that Parliament has conferred upon parties a right to refer disputes to adjudication. The latter factor weighed particularly heavily in the scales and it was affirmed that the court should be wary of preventing a party from exercising its right to refer a dispute to adjudication. Accordingly, the ex parte interim interdict which had previously been granted to the pursuer was recalled.