- Scottish court recalls interim orders restraining adjudication (Mars Black Sheep Hotels v Douglas & Stewart)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Construction analysis: The Scottish Court of Session, Outer House recalled (set aside) an interim interdict (injunction) and interim suspension which had prevented a contractor from pursuing an adjudication against its employer (in circumstances where the employer alleged that it had been induced to enter into the contract by misrepresentation). In the view of the court, the employer did not have a strong prima facie case in relation to misrepresentation, and the balance of convenience favoured recall.
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