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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.

[2014] 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

Walker Construction (UK) Ltd v Quayside Homes Ltd

Adjudication – Sums awarded to contractor in adjudication – Claim by employer for return of part of those sums on basis of alleged defects – Whether employer had to prove its claim for return of those sums or whether contractor had to prove its entitlement thereto. – Costs – Employer recovering only small percentage of sums claimed – Whether judge should have awarded employer proportion of its costs only. – Costs – Calderbank offer by contractor inclusive of costs – Whether employer had beaten that offer – Correct approach to such offers.

[2014] BLR 215

Makdessi v Cavendish square holdings bv and another

Agreement for sale of shares - Provision for payment in instalments - If seller defaulted on restrictive covenants, interim and final payments not to be made - Whether clauses unenforceable as penalties.

[2014] BLR 246

Coventry v Lawrence

Nuisance – Private nuisance – Nuisance of personal discomfort – Noise – Establishing a prescriptive right – Relevance of coming to the nuisance – Assessing character of the locality and relevance of use of defendant's premises – Relevance of planning permission to character of locality. – Injunction – To restrain a nuisance – Approach to be adopted by a court – Whether to award damages instead.

[2014] BLR 271

AB v CD

Interim injunctions- Adequacy of damages - Contractual limitation - Exclusion on recoverable damages.

[2014] BLR 313

WEST AND ANOTHER v IAN FINLAY & ASSOCIATES (A FIRM)

Agreement for engagement of architect - "Net contribution clause" - Correct construction of clause - Whether ambiguous - Regulation 5 of the UTCC Regulations - Unreasonableness under provisions of UCTA. - Award of interest - Rate and duration. - Damages for distress and inconvenience - Level of such damages.

[2014] BLR 324

Lincolnshire County Council v Mouchel Business Services Ltd

Limitation - Extension of period for service of claim form after expiry of limitation period - Application to set aside extension of time given on application without notice - Protocol for Technology and Construction Disputes - Requirement for application to be made on notice for directions.

[2014] BLR 347

CO-OPERATIVE GROUP LTD v BIRSE DEVELOPMENTS LTD (IN LIQUIDATION) AND OTHERS

Limitation - Main contractor - Cause of action - Collateral warranties - Sub-contractor-sub-consultant-Assignment - Prohibition against assignment after two assignments - Link between nature of the duty and the extent of liability for breach of that duty - Incurrence of liability by main contractor - Time runs from practical completion - Knowledge irrelevant to accrual of cause of action - Construction of term determinative as to effectiveness of assignment.

[2014] BLR 359

MANOLETE PARTNERS PLC v HASTINGS BOROUGH COUNCIL

Dangerous structures – Building Act 1984, sections 76, 78 and 106 – Local authority's powers – Compensation payable to parties not in default – Meaning of default – Default under Building Act.

[2014] BLR 389

HONEYWELL INTERNATIONAL MIDDLE EAST LTD v MEYDAN GROUP LLC (FORMERLY KNOWN AS MEYDAN LLC)

Arbitration – Enforcement of Dubai arbitral award – Grounds for refusing enforcement New York Convention award – New York Convention article V. – Arbitration Act 1996 – Application to set aside enforcement – Section 103 – Grounds for refusal of recognition or enforcement of New York Convention award. – CPR 6.15(1), 6.27 – Permission for service out of the jurisdiction.

[2014] BLR 401

UNIVERSITY OF BRIGHTON v DOVEHOUSE INTERIORS LTD

JCT Intermediate Building Contract – Final Certificate as conclusive evidence – Requirements for commencement of adjudication proceedings – Invalidity of notice of adjudication – Incorrect address – Incorrect nominating body.

[2014] BLR 432

LOVELL PARTNERSHIPS LTD AND ANOTHER v MERTON PRIORY HOMES

ACA Standard Form of Contract for Term Partnering 2005, clause 13.9 – Construction of clause – Termination for insolvency under contract – Whether contractor entitled to payment of any further sums due after termination.

[2014] BLR 541