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Referring party breaches adjudication agreement but court refuses injunction

Practical Law UK Legal Update 0-505-8180 (Approx. 7 pages)

Referring party breaches adjudication agreement but court refuses injunction

by PLC Construction
In Lanes Group plc v Galliford Try Infrastructure Ltd [2011] EWHC 1035 (TCC), the referring party failed to serve its referral due to concerns that the adjudicator was biased. The court held the referring party breached the adjudication agreement but the breach was not repudiatory. The injunction sought by the responding party to prevent the referring party starting a new adjudication with another adjudicator was declined.
Note added (21.12.2011): Akenhead J’s judgment was unanimously upheld on appeal (see Legal update, Court of Appeal overturns judgment on adjudicator bias).

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Also Found In
Resource ID 0-505-8180
© 2024 Thomson Reuters. All rights reserved.
Published on 27-Apr-2011
Resource Type Legal update: archive
Jurisdictions
  • England
  • Scotland
  • Wales
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