T Clarke (Scotland) Ltd v Mmaxx Underfloor Heating Ltd

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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