How to get an injunction to stop an adjudication — Twintec v Volkerfitzpatrick

This publication considers the recent case of Twintec Ltd v Volkerfitzpatrick Ltd [2014] EWHC 10 (TCC), where the Technology and Construction Court granted Twintec an injunction to prevent an adjudication from proceeding in circumstances where Volkerfitzpatrick had appointed the adjudicator using an incorrect procedure. The use of that incorrect procedure meant that the adjudicator appointed did not have jurisdiction to decide the dispute and any decision he reached would have been unenforceable.

As well as demonstrating one of the rare and exceptional circumstances in which the court may be willing to intervene to stop an adjudication, the judgment also includes a useful reminder of the many other circumstances where the court would not be willing to intervene to stop an adjudication.

Volkerfitzpatrick and Twintec were, respectively, the contractor and the flooring subcontractor on a large project to construct a warehouse and wine bottling plant near Bristol…

Click on the link below to read the rest of the Macfarlanes briefing.

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