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06 October 2017
Issue: 7764 / Categories: Case law , Law digest , In Court
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Adjudication

Brookman v General Medical Council [2017] EWHC 2400 (Admin), [2017] All ER (D) 03 (Oct)

A party to an adjudication was entitled to withdraw unilaterally a dispute referred to adjudication and commence a further adjudication in respect of the same, or substantially the same, dispute. In such circumstances, the court had power to grant an injunction to restrain pursuit of the further adjudication if the further adjudication was unreasonable and oppressive. So held the Technology and Construction Court in dismissing the claimant’s application for an injunction to restrain the defendant from proceeding with a second adjudication, following the defendant’s withdrawal from an earlier adjudication in respect of a construction dispute between the parties. The court held that, on the facts of the case, the second adjudication did not amount to unreasonable and oppressive behaviour, justifying the exercise of the court’s discretion in granting injunctive relief.

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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

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gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

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The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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