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PGF II SA v OMFS COMPANY 1 LTD

Mediation - Failure to respond to offer - Amounting to unreasonable refusal. - CPR Part 36 - Rule 10(5) - Costs consequences where Part 36 offer accepted - discretion of court to order otherwise.

[2014] BLR 1

SABIC UK PETROCHEMICALS LTD (FORMERLY HUNTSMAN PETROCHEMICALS (UK) LTD) v PUNJ LLOYD LTD (A COMPANY INCORPORATED IN INDIA)

Delay – Obligation to carry out works “with due diligence” – Meaning. – Delay – Implied terms – Whether implied term not to hinder or disrupt – Whether implied term to do all necessary to bring about completion of contract. – Exclusion clauses – Implied terms – Whether clause limiting aggregate liability of contractor applied to claim for payment under termination provision – Whether claims for lost revenue and interest excluded by clause excluding liability for consequential and indirect loss, expense or damage and for loss of production or profit.

[2014] BLR 43

ANDREW MITCHELL MP v NEWS GROUP NEWSPAPERS LTD

Practice Direction requiring filing of costs budget “not less than seven days before the date of the hearing” – Failure to comply – CPR cost budgeting rules – Jackson reforms – New overriding objective – CPR 3.14 – Strict enforcement of compliance with rules.

[2013] BLR 89

WATERDANCE LTD v KINGSTON MARINE SERVICES LTD

Damages – When loss occurs – Diminution in value caused by damage or breach – Cost of repair evidence of diminution – Events after damage irrelevant to diminution – Burden of proof on defendant to show no diminution.

[2014] BLR 141

TWINTEC LTD v VOLKERFITZPATRICK LTD

Letter of intent – Incorporation of dispute resolution clause. – Adjudication – Appointment of adjudicator – Appointment under provision which was not a contractual term – Appointment nullity. – Adjudication – Whether referring party's conduct unreasonable and oppressive. – Senior Courts Act 1981, section 37 – Granting of an injunction – Whether just and convenient.

[2014] BLR 150

WALES AND WEST UTILITIES LTD v PPS PIPELINE SYTEMS GMBH

Adjudication – Jurisdiction – Scope of dispute – Enforceability of subsequent decision arising from previous unenforceable decision – Waiver of jurisdictional objection through compliance with decision.

[2014] BLR 163

LIBERTY MERCIAN LTD v CUDDY CIVIL ENGINEERING LTD AND ANOTHER

Contract – NEC3 Contract – Name of contracting party – Change of name to contracting party – New party dormant company – Termination. – Mistake – Mutual mistake – Unilateral mistake – Rectification – Estoppel by Convention. – Parent company guarantee – Performance bond and warranties – Obligation to provide guarantee, bond and warranties – Whether obligation survived termination.

[2014] BLR 179