MATTHEW HARDING (TRADING AS M J HARDING CONTRACTORS) v PAICE AND ANOTHER

[2016] BLR 85

COURT OF APPEAL(CIVIL DIVISION)

Before Lord Justice JACKSON,Lady Justice RAFFERTY,Lady Justice GLOSTER

Adjudication – Valuation of contractor's account – Lack of pay less notice – Decision of adjudicator based on lack of notice – Whether valuation element of dispute capable of subsequent adjudication – Refusal by judge at first-instance to grant injunction preventing subsequent adjudication – Appeal against refusal – Whether subsequent adjudication permitted – Construction of paragraph 9(2) of Part I of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998 No 649).