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Building Law Reports Plus
AUTHOR: Robert Akenhead QC, Peter Fraser, Chantal-Aimee Doerries, James Howells and Christopher Lewis
Building Law Reports Plus
Author: Robert Akenhead QC, Peter Fraser, Chantal-Aimee Doerries, James Howells and Christopher Lewis
Browse Archive by Year
Browse 2013 Archive by Volume
Reports for Volume 1, 2013
JACOBS UK LTD v SKIDMORE OWINGS AND MERRILL LLP LTD
Tomlin Order - Settlement incorporated - Construction of Settlement terms - Commercial background - Term for award of further contracts - Meaning of award clear - Implied obligation of good faith - Agreement to agree
[2013] BLR Plus 1
SQUIBB GROUP LTD v VERTASE F.L.I LTD
Adjudication - Housing Grants (Construction and Regeneration) Act 1996 - Set-off against adjudicator's decision - Inability to set off claim for liquidated damages or other claims against adjudicator's decision
[2013] BLR Plus 2
TOWSEY AND ANOTHER (T/A TOWSEY PLASTERING CONTRACTORS) v HIGHGROVE HOMES LTD
Winding up petition against company - Disputed debt - Decision by adjudicator - Sums due under decision not paid - Whether status of decision permitted challenge by company in proceedings over nature of debt - Whether company unable to pay debts as and when they fell due
[2013] BLR Plus 3
PC HARRINGTON CONTRACTORS LTD v SYSTECH INTERNATIONAL LTD
Adjudication - Recoverability of adjudicator's fees - Natural justice - Unenforceability of decision - Whether total failure of consideration - Whether adjudicator entitled to be paid
[2013] BLR Plus 4
GENESIS HOUSING ASSOCIATION LTD v LIBERTY SYNDICATE MANAGEMENT LTD
Contracts - Basis of contract clauses and warranties - Whether incorrect statements made in an insurance proposal form constituted so-called "basis" warranties whose breach would invalidate the insurance
[2013] BLR Plus 5
AVIVA INSURANCE LTD v HACKNEY EMPIRE LTD
Bond - Guarantee - Side agreement between employer and contractor as to on-account payments - Whether side agreement or payments made by employer discharged guarantor under bond
[2013] BLR Plus 6
CONNELL v MUTCH (T/A SOUTHEY BUILDING SERVICES) AND ANOTHER
Costs - Claim - Set-off and counterclaim - Net sum due to claimant - CPR 44.3 - Normal order based on overall success - Discretion of judge to make costs order on claim and counterclaim
[2013] BLR Plus 7
WUHAN GUOYU LOGISTICS GROUP CO LTD AND ANOTHER v EMPORIKI BANK OF GREECE SA
Payment guarantee - Proper construction of - Whether guarantee or on demand bond
[2013] BLR Plus 8
UK HIGHWAYS A55 LTD AND OTHERS v HYDER CONSULTING (UK) LTD AND ANOTHER
CPR Part 7.4 - Service of particulars of claim required within 14 days of service of claim form - Failure to serve pleadings within that period - Parties agreeing to various stays over two-year period - Dispute not resolved - particulars of claim served out of time
[2013] BLR Plus 9
BULIC v HARWOODS AND OTHERS
Single joint experts - Permission to rely on further expert evidence
[2013] BLR Plus 10
YAM SENG PTE LTD (A COMPANY REGISTERED IN SINGAPORE) v INTERNATIONAL TRADE CORPORATION LTD
Contracts - Implied terms - Good faith - Repudiation
[2013] BLR Plus 11
NULTY AND OTHERS v MILTON KEYNES BOROUGH COUNCIL
Causation - Balance of probabilities - Fire - Whether fire caused by cigarette end discarded by engineer - Whether, if other possible causes very much less likely, that in law becomes probable cause
[2013] BLR Plus 12
ANDREWS AND OTHERS v AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD
Penalty - Whether penalty doctrine limited to circumstances where there is breach of contract - Grounds for equitable intervention
[2013] BLR Plus 14
MEARS LTD v SHORELINE HOUSING PARTNERSHIP LTD
Summary judgment - CPR 3.4(2)(a) - Striking out - Particulars of claim - Order for payment into court by party
[2013] BLR Plus 15
BERRY PILING SYSTEMS LTD v SHEER PROJECTS LTD
CPR 32.14 - Application for permission to apply for committal for contempt - Statements made in witness statements with statement of truth - Reckless as to whether the statement is truthful - Practice Direction 81, paragraph 5.2
[2013] BLR Plus 16
ARCADIS UK LTD v MAY AND BAKER LTD (TRADING AS SANOFI)
Adjudication - Successive adjudications - Party providing second adjudicator with first decision
[2013] BLR Plus 17
WESTFIELDS CONSTRUCTION LTD v CLIVE LEWIS
Adjudication - Enforcement - HGCRA 1996, section 106 - Construction contract - Residential occupier
[2013] BLR Plus 18
ATKINS LTD v SECRETARY OF STATE FOR TRANSPORT
Arbitration - Serious irregularity under Arbitration Act 1996, section 68 - Permission to appeal under Arbitration Act 1996, section 69 - Whether applications under sections 68 and 69 barred by section 70 of Arbitration Act 1996 - Whether available recourse under section 57 of Arbitration Act 1996 exhausted
[2013] BLR Plus 19
HARRISON AND OTHERS v TECHNICAL SIGN COMPANY LTD AND OTHERS
Part 20 proceedings - Breach of contract - Chain of causation negligence - Duty of care - Category of breach - Contributory negligence - Civil Liability (Contribution) Act 1978
[2013] BLR Plus 20
NELSON’S YARD MANAGEMENT COMPANY AND OTHERS v EZIEFULA
Discontinuance – Costs – CPR Part 38.6(1) – Default rule – Reasons for departure from rule – Pre-action protocols – Non-compliance with spirit of protocols – Party Wall etc Act 1996.
[2013] BLR Plus 21
TURVILLE HEATH INC v CHARTIS INSURANCE UK LTD (FORMERLY AIG UK LTD)
Arbitration Act 1996, section 9 – Stay to arbitration – Dispute resolution clause not an arbitration agreement.
[2013] BLR Plus 22
WILLMOTT DIXON HOUSING LTD (FORMERLY INSPACE PATNERSHIPS LTD) v NEWLON HOUSING TRUST
Adjudication – Referral of disputes – Service of referral – Referral of more than one dispute to the same adjudicator.
[2013] BLR Plus 23
MID ESSEX HOSPITAL SERVICES NHS TRUST v COMPASS GROUP UK AND IRELAND LTD (TRADING AS MEDIREST)
Contract – Interpretation – Implied term – Good faith.
[2013] BLR Plus 24
LAZARI v LONDON & NEWCASTLE (CAMDEN) LTD
Civil Procedure Rules – Overriding objective – CPR Part 3.1.
[2013] BLR Plus 25
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