Arbitration - Misconduct - Removal of arbitrator - Opportunity to be heard - Pleaded case - No prejudice caused by misconduct - Decisions on issues deferred - FCEC Subcontract - Clause 10(2) - Main Contract benefits - Variations.
Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Duty to act impartially - Adjudicator’s initiative in ascertaining facts and law - Information obtained not passed on - Objective test for impartiality.
Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Decision of adjudicator - Application to enforce - Issue estoppel on matters in issue between parties - European Convention on Human Rights - Article 6 - Applicability to adjudications - Adjudication not a final determination - Dissipation of assets - Effect in later proceedings.
Duty of care - Architect - Negligent design - Appointed by developer in speculative development - Subsequent occupier - Physical damage caused by negligent design - Whether duty of care owed to subsequent occupiers - Class of defects - Reasonable opportunity to inspect - Whether defects could reasonably have been discovered upon inspection.
Nuisance - Flooding - Highway authority - Culvert under highway - Adequate when constructed - No strict liability - Emanating from defendants’ land - Obstruction on defendants’ land - Duty to take reasonable steps - Leakey test applied.
Adjudication - Housing Grants, Construction and Regeneration Act 1996, section 105 - Whether “construction contract” - Whether contract to carry out installation of plant on site where primary activity power generation.
Limitation - Claim for breach of contract and negligence against architects - Dates of accrual of claims - Continuing duty of architect to review design - Limitation Act 1980, section 14A - Knowledge required for bringing an action for damages.
Arbitration - Costs - Sealed offer - Failure to offer to pay offeree’s costs - Offer to have costs resolved by arbitrator - Whether offer effective - Whether arbitrator should consider terms of offer in exercising discretion on costs.
Unfair Contract Terms Act 1977 - Term excluding indirect loss - Term limiting loss - Reasonableness of terms - Equality of bargaining strength - Experienced businessmen - Relevance of both parties’ standard terms - Acknowledgement of non-reliance - Effect upon misrepresentation - Approach by appellate court.
ICE Conditions, 5th edition - Proper construction of clause 22. Negligence - Interruption of gas supply to customers as result of drilling incident - Whether duty of care. Nuisance - Interruption of gas supply to customers as result of drilling incident - Whether actionable nuisance. Water Industry Act 1991, section 209(1) - Interruption of gas supply to customers as result of drilling incident - Whether “loss or damage”.
Adjudication - Housing Grants, Construction and Regeneration Act 1996, section 108(2) - Duty of Adjudicator to act impartially - Adjudicator’s participation in without prejudice negotiations of the parties - Objective test for bias - Waiver - CPR Part 24 Part 25 and Part 3 and the court’s power to make an order for interim payment.
Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Human Rights Act 1998, section 6 - European Convention on Human Rights, Article 6 - Fair and public hearing - Applicability to adjudication - Natural justice - Fairness of adjudication timetables.
Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Scheme for Construction Contracts (England and Wales) Regulations 1998. Bias - Natural justice - Unilateral discussions between applicant and adjudicator - Danger of bias - Whether court should enforce award.
Arbitration - Misconduct - Removal of arbitrator - Opportunity to be heard - Whether a reasonable person would have confidence in the arbitrator’s ability to reach fair and balanced conclusion - Whether prejudice to a party relevant consideration.
Nuisance - Failure of sewerage undertaker to provide effectual system of drainage, causing flood - Whether liable for non-feasance - Water Industry Act 1991, sections 18, 22 and 94. Human Rights - Whether sewerage undertaker acting in way incompatible with Convention right - Right to respect for private and family life - Protection of property - Human Rights Act 1998, section 6 and schedule 1 (Article 8 of Convention and Article 1 of First Protocol to Convention). Damages - Damages in lieu of injunction at claimant’s election - Damages in respect of future wrongs - Appropriate principles under Human Rights Act 1998.
Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Enforcement of adjudicator’s decision - Application for summary judgment under CPR Part 24.2 - Stay of execution under Order 47 r 1 - Special circumstances rendering it inexpedient to enforce judgment - Claimant insolvent.
Negligence - Surveyor’s valuation of property for building society - Knowledge of third party reliance - Duty of care owed by the employee of the firm of surveyors who actually carried out the report to the third part. Limitation Act 1980 - section 35(3) and 35(5)(b) - Necessary party to proceedings.
Nuisance - Abatement - Defendant tenant of one property and owner of neighbouring property - Tree fell from land of which tenant onto land of which owner - Defendant cut tree back - Whether Defendant entitled to do so. Landlord and tenant - Whether Defendant’s actions breach of obligation to use premises in tenant-like manner or voluntary waste. Insurance - Whether Claimant’s insurance policy intended to insure for benefit of both parties.
Adjudication - Housing Grants, Construction and Regeneration Act 1996, sections 110, 111 - Jurisdiction of adjudicator - Error of law - Sections 110(2) and 111 notices - Failure to give notices, effect of - Sums due under the contract - Insolvency, relevance of.