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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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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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