Dispute Resolution analysis: The fourth defendant, Lancashire County Council, applied for an order pursuant to CPR 11(1)(b) and CPR 11(6))b) to set aside service of the claim form against it. Alternatively, the fourth defendant sought an order striking out the claim pursuant to CPR 3.4(2)(a) (‘Application’). The Application was made on the basis that the court should decline its jurisdiction to entertain the claim because, the fourth defendant contended, it had been brought in breach of a contractual requirement that all disputes be first determined by adjudication. The court recognised that adjudication was a mandatory requirement under the contract but exercised its discretion and declined the Application. In refusing either to strike out or stay the claim, the court considered that it would be disproportionate to strike out the claim and that, due to the multi-party nature of the dispute, a stay would not resolve all the issues in the claim. The court considered that, if the claim against the fourth defendant was stayed, the claim against the other three parties would proceed in the meantime, and this could give rise to procedural complications. Written by Anna Gilbert, counsel, Hausfeld & Co LLP.