Costs - Discontinuance with leave - RSC Ord 21 r 3 - Ordering payment of discontinuing plaintiff’s costs - Not ordering payment of defendant’s costs by plaintiff - Jurisdiction - Discretion - RSC Ord 62 r 10(1) - Defendant’s conduct unreasonable or improper.
Explosion of methane plant - Exclusion and limitation of liability clauses - “Indirect or consequential damages” - Fixed costs and overheads not excluded - Letter of (performance) acceptance - Release from obligations - Co-insurance - Duration of insurable interest - Prevention of contractual party suing third party - Construction of indemnity clauses.
Negligence action - Foundation subsidence - Trial involving expert evidence - Judge’s preference for one side’s expert evidence - No reasons given - Judge’s duty to give reasons - Function of due process - Ambit of duty.
Public procurement - Award of Public Supply Contracts - Review Procedures - Council Directive 89/665/EEC, Articles 1 and 2 - Public Services Contracts Regulations 1993, section 32(4)(b) - time limit for bringing proceedings - Local Government Act 1988, sections 17 and 19.
Valuations of variations - ICE Conditions 6th Edition - Clauses 52(1), 52(2), 55(2), 56(2), 57 - Contractor’s mistakes in pricing - Effect of Standard Method of Measurement on pricing errors - Effect of pricing errors in variation valuation - Valuation difficulties in using mistaken contract prices.
Arbitration Act 1996 section 12 - Entitlement to an extension of time for commencement of an arbitration - Circumstances outside the reasonable contemplation of the parties - Institute of Civil Engineers Arbitration Procedure rule 5.2 - Non-compliance with condition precedent - ICE Conditions of Contract clause 66.
Stay of proceedings - Section 9 Arbitration Act 1996 - Existence of contract disputed - Practice of Court - Offer and acceptance - Conduct and acceptance - JCT Conditions 1980 Edition incorporated - Effect of non-designation of Architect/Contract Administrator - Section 5 of Arbitration Act 1996 - Incorporation of arbitration agreement.
Arbitration - Section 9(3) Arbitration Act 1996 - Stay of proceedings - “Step in proceedings to answer substantive claim” - Whether summons to set aside default judgment constituted such a step - Summons requested leave to defend action and counterclaim.
Costs - Order against non-party - Supreme Court Act 1981 - Sections 51(1), 51(3) - Inherent jurisdiction - Solicitors on record for party - No prospect of party for whom solicitors acting of being able to pay other side’s costs - Action continued substantially for solicitors’ benefit.
Bond - Determination of building contract due to insolvency - Demand under bond by employer - “Net and ascertained damages” - JCT With Contractor’s Design 1981 edition - No employer’s statement under clause 27 - Whether surety’s obligation to pay had yet arisen.
Contract - Relevant work sub-contracted - Sub-contractor appointed with employer’s agreement - Flood damage caused by sub-contractor’s negligence - Contributory negligence - Whether defence available to main contractor - No parallel duty in tort owed by main contractor - Employee’s salary costs as damages.
ICE Conditions of Contract 5th edition 1979 - Insurance - Clauses 20 and 21 - Recovery by contractor of monies under policy - Re-imbursement by employer of costs associated with acceleration - “Fair and reasonable” - Whether contractor to account to employer for insurance receipts.
FCEC blue form sub-contract - Earthworks - Management services, plant and labour provided to sub-contractor by related companies - Credit notes issued by related companies - Damages claim including costs for which credit given by related companies - Effect on damages - Judge’s ad hoc procedures for arbitration disputes.
Damages - Statutory duty - Breach of duty causing damage - Quantum of damage - Reasonableness of decision regarding extent of remedial works - Reliance on expert - Whether extent of work reasonable - Whether recoverable from defendant.
Adjudication - Section 108 Housing Grants, Construction and Regeneration Act 1996 - Judicial review - Adjudicator’s jurisdiction - Discretion whether or not to order immediate payment - Power to order sums to be placed on deposit in joint names.
I Mech E Model C Conditions - Condition 11(ii) - Exclusion clause - Unfair Contract Terms Act 1977 - Written standard terms of business - Burden of proof under Act - Test of reasonableness of terms - Consideration of other contractual remedies.
Pleading - Procedure - Further and better particulars - “Unless” order - Failure to comply - Failure to provide adequate particulars subject of order - Sanction - Striking out part of pleading - “Good faith” - Whether document complied with order.
CPR Part 35 - Practice Direction - Expert evidence - Failure to comply with court orders - Debarring of expert - CPR Parts 3.8, 3.9 - Setting aside default order - Whether debarring order should be set aside - Appeal consented to in terms by another party - Whether court obliged to permit appeal - Whether evidence should be adduced by consent.
ICE Conditions (6th Edition) - Clause 66 - Engineer’s decision - Arbitration notice served late - Section 12 Arbitration Act 1996 - Extension of time for commencement of arbitration - Failure to read arbitration clause - Principles applicable - Effect of engineer’s decision on later final certificate disputes - Rule 5(2) ICE Arbitration Procedure.
New Civil Procedure Rules Part 25.7 - Interim payment after judgment - Principles - Reasonable proportion - Costs - Indemnity basis - Leave to appeal - Practice direction 19 April 1998 - Applicable test.