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Civil procedure – Interim interdict – Adjudication. Court of Session: Declining to grant a sub-contractor's motion for interim interdict, seeking to prevent a sub-sub-contractor under a construction contract from initiating any further adjudication, the court held that as a party should not be prevented from referring a dispute to adjudication save in the most exceptional circumstances and it had to be shown that conduct was both unreasonable and oppressive, the pursuer had failed to establish a prima facie case to grant interim interdict, and the balance of convenience also tipped in the defender's favour.
Civil procedure – Interim interdict – Adjudication. Court of Session: Declining to grant a sub-contractor's motion for interim interdict, seeking to prevent a sub-sub-contractor under a construction contract from initiating any further adjudication, the court held that as a party should not be prevented from referring a dispute to adjudication save in the most exceptional circumstances and it had to be shown that conduct was both unreasonable and oppressive, the pursuer had failed to establish a prima facie case to grant interim interdict, and the balance of convenience also tipped in the defender's favour.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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