The petitioner, British Waterways Board, sought an interim order in a petition for judicial review. The issue was whether there existed between the parties, at the time of the petition, a dispute that could properly be referred to adjudication. The petitioner contended that no "dispute" existed within the meaning of the Act. The respondents maintained that there was a dispute within the meaning of the Act, and that the definition in clause 90 of the contract (inserted by Addendum Y (UK) 2) between the parties should be disregarded.

Lord McCluskey was satisfied that the petitioner and respondent had raised substantial arguments, and as a result he could not hold that there was no issue to try. He stated that the Act and clause 90 both envisaged a speedy resolution of the matters between the parties. If the matters were not properly in dispute then the matter should be put in an appropriate form before an adjudicator. Accordingly the motion was declined.