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Stay of court proceedings to allow adjudication
Practical Law UK Legal Update Case Report 2-372-2957 (Approx. 5 pages)
Stay of court proceedings to allow adjudication
by PLC Construction
In DGT Steel and Cladding Limited v Cubitt Building and Interiors Limited [2007] EWHC 1584 (TCC), the court considered the question: "In what circumstances, if any, should a temporary stay be granted to restrain court proceedings until an adjudication of the underlying dispute has taken place?"
On the facts of the case, the court granted a stay of proceedings. Although the contract included a binding agreement to adjudicate, the court indicated that if a party had a right to adjudicate, but was not obliged to adjudicate, that party could also apply for a stay.
The court was not aware of any previous authority on this point, but note that the courts have previously refused to grant an injunction to prevent a party from commencing an adjudication, even if litigation is underway.
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Resource ID 2-372-2957© 2024 Thomson Reuters. All rights reserved.
Published on 16-Jul-2007
Resource Type Legal update: case report
Jurisdictions
Related Content- England
- Wales