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CARILLION CONSTRUCTION LTD v FELIX (UK) LTD

Duress - Economic - Threats to withhold delivery - Illegitimate pressure - Practical alternative - Settlement agreement.

[2001] BLR 1

MILLER CONSTRUCTION LTD v JAMES MOORE EARTHMOVING

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.

[2001] BLR 10

WOODS HARDWICK LTD v CHILTERN AIR-CONDITIONING LTD

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.

[2001] BLR 23

ELANAY CONTRACTS LTD v THE VESTRY

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.

[2001] BLR 33

(1) BAXALL SECURITIES LTD (2) NORBAIN SDC LTD v SHEARD WALSHAW PARTNERSHIP (A FIRM)

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.

[2001] BLR 36

BYBROOK BARN CENTRE LIMITED AND ORS v KENT COUNTY COUNCIL

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.

[2001] BLR 55

ABB ZANTINGH LIMITED v ZEDAL BUILDING SERVICES LIMITED

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.

[2001] BLR 66

NEW ISLINGTON AND HACKNEY HOUSING ASSOCIATION LIMITED v POLLARD THOMAS AND EDWARDS LIMITED

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.

[2001] BLR 74

LINDNER CEILINGS FLOORS PARTITIONS PLC v HOW ENGINEERING SERVICES LIMITED HOW ENGINEERING SERVICES LIMITED v LINDNER CEILINGS FLOORS PARTITIONS PLC

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.

[2001] BLR 90

JD WILLIAMS & CO LTD v MICHAEL HYDE & ASSOCIATES LTD

Professional negligence - Standard of care - Architect - Whether Bolam test appropriate.

[2001] BLR 99

TAMESIDE METROPOLITAN BOROUGH COUNCIL v BARLOW SECURITIES GROUP SERVICES LTD [2001] EWCA Civ 1

JCT 1963 Local Authorities Form - Clause 30 - Final certificate - Conclusive evidence - Obligation to issue Final Certificate - Promissory estoppel - Limitation - Accrual of contractual claim for defects - Practical completion/Possession date.

[2001] BLR 113

(1) JEREMY CASSON (2) ASHLEY JANE CASSON v (1) OSTLEY PJ LTD (2) RICHARD EMMERSON AND ORS

Construction - Contract - Fire causing damage to premises - Exclusion of liability - Obligation to insure - Whether exemption clause operative - Whether clause unreasonable - Unfair Contract Terms Act 1977, sections 3 and 11 - Preliminary issue.

[2001] BLR 126

STENT FOUNDATIONS LIMITED v M J GLEESON GROUP PLC

Standard terms - Indemnity Clauses - Exemption of liability - Interpretation of contracts - Contra proferentem - Negligence - Doubt about exclusion.

[2001] BLR 134

WATFORD ELECTRONICS LTD v SANDERSON CFL LTD [2001] EWCA Civ 317

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.

[2001] BLR 143

WANDSWORTH LONDON BOROUGH COUNCIL v RAILTRACK PLC

Nuisance - Public nuisance - Pigeon droppings causing inconvenience to pedestrians - Privatenuisance - Negligence - Mitigation of loss.

[2001] BLR 160

ANGLIAN WATER SERVICES LTD v CRAWSHAW ROBBINS & CO LTD

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”.

[2001] BLR 173

GLENCOT DEVELOPMENT AND DESIGN CO LIMITED v BEN BARRETT & SON (CONTRACTORS) LIMITED

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.

[2001] BLR 207

BEDFORDSHIRE COUNTY COUNCIL v FITZPATRICK CONTRACTORS LIMITED

Setting aside judgment - Principles applicable - Fraud alleged - Probability of different conclusion - Anti-collusion tender certificate - Weight of evidence - Ultra vires - Void or voidable contract.

[2001] BLR 226

L G CALTEX GAS CO LIMITED CONTIGROUP COMPANIES INC. v CHINA NATIONAL PETROLEUM CORPORATION CHINA PETROLEUM TECHNOLOGY & DEVELOPMENT CORPORATION

Arbitration - Jurisdiction - Whether “ad hoc” submission of question of jurisdiction to arbitrator - Challenge to arbitrator’s jurisdiction - Whether challenge barred - Arbitration Act 1996, sections 67 and 73.

[2001] BLR 235

CIRCUIT SYSTEMS LTD W J BASTEN v ZUKEN-REDAC (UK) LTD [2001] EWCA Civ 481

Strike out of pleadings - CPR 3.4(2)(c) - Power to strike out a claim for failure to comply with a rule or Court order - Exercise of the Court’s discretion.

[2001] BLR 253

DAVID WILSON HOMES LTD v SURVEY SERVICES LTD (IN LIQUIDATION) AND ANOR [2001] EWCA Civ 34

Arbitration agreement - Arbitration Act 1996, section 6 - Insurance policy - Reference of disputes to Queen’s Counsel - Stay of proceedings.

[2001] BLR 269

AUSTIN HALL BUILDING LTD v BUCKLAND SECURITIES LTD

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.

[2001] BLR 274

DISCAIN PROJECT SERVICES LTD v OPECPRIME DEVELOPMENT LTD

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.

[2001] BLR 287

THE ROYAL BROMPTON HOSPITAL NATIONAL HEALTH SERVICE TRUST v (1) FREDRICK ALEXANDER HAMMOND (2) JOHN RICHARD LERCHE (3) ANTHONY ROBERT HARRIS (4) ALAN MASSEY (5) ALFRED GEORGE HEPDEN (6) SYLVIAN REINHOLD (7) BRIAN ERNEST TEALE (8) WATKINS GRAY INTERNATIONAL (UK) (9) AUSTEN ASSOCIATES (A FIRM) (10) NORTH, NEIGHBOUR AND NICHOLSON (11) CLARKE NICHOLLS & MARCELL (A FIRM) (12) ARLINGTON PROJECT MANAGEMENT LIMITED (13) PROJECT MANAGEMENT INTERNATIONAL LIMITED (14) IVOR GORDON BERRESFORD (15) KEITH PEGDEN SMITH (16) AUSTEN ASSOCIATED LIMITED

The court’s management powers - The power to exclude an issue from consideration under rule 3.1(2)(k) CPR - Summary judgment Part 24 CPR and the relevant standard to be applied.

[2001] BLR 297

THE ROYAL BROMPTON HOSPITAL NATIONAL HEALTH SERVICE TRUST v (1) FREDRICK ALEXANDER HAMMOND (2) JOHN RICHARD LERCHE (3) ANTHONY ROBERT HARRIS (4) ALAN MASSEY (5) ALFRED GEORGE HEPDEN (6) SYLVIAN REINHOLD (7) BRIAN ERNEST TEALE (8) WATKINS GRAY INTERNATIONAL (UK) (9) AUSTEN ASSOCIATES (A FIRM) (10) NORTH, NEIGHBOUR AND NICHOLSON (11) CLARKE NICHOLLS & MARCELL (A FIRM) (12) ARLINGTON PROJECT MANAGEMENT LIMITED (13) PROJECT MANAGEMENT INTERNATIONAL LIMITED (14) IVOR GORDON BERRESFORD (15) KEITH PEGDEN SMITH (16) AUSTEN ASSOCIATED LIMITED

Judgment - Discretion of court to recall, vary or alter judgment.

[2001] BLR 317

JAMES MOORE EARTHMOVING v MILLER CONSTRUCTION LIMITED

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.

[2001] BLR 322

LG CALTEX GAS CO LIMITED CONTIGROUP COMPANIES INC v CHINA NATIONAL PETROLEUM CORPORATION CHINA PETROLEUM TECHNOLOGY & DEVELOPMENT CORPORATION

Arbitration - Jurisdiction - Whether “ad hoc” submission of question of jurisdiction to arbitrator - Challenge to arbitrator’s jurisdiction - Whether challenge barred - Arbitration Act 1996, sections 67 and 73.

[2001] BLR 325

BRITISH TELECOMMUNICATIONS PLC v BELL CABLE MEDIA (LEEDS) LIMITED

New Roads and Street Works Act 1991 - Sections 82(1)(b) and 96 - Damages to BT apparatus - Compensation - Staff costs - Overheads - Administrative expense.

[2001] BLR 343

THE MANAGEMENT CORPORATION STRATA TITLE PLAN NO 1933 (No ID No. exists) v LIANG HUAT ALUMINIUM LIMITED (formerly known as LIANG HUAI ALUMINIUM PTE LTD) (RC No. 198203779D)

Construction of deed - Factual matrix - Pre-contract negotiations not admissible.

[2001] BLR 351

PETER MARCIC v THAMES WATER UTILITIES LTD

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.

[2001] BLR 366

GROUNDSHIRE v VHE CONSTRUCTION

Arbitration Act 1996 - Sections 24(1), 33, 57(3), 68 and 70(2) - Serious irregularity - Remission first choice remedy - “Substantial injustice” meaning - Clarification by arbitrator required first.

[2001] BLR 395

GIBSON LEA RETAIL INTERIORS LTD v MAKRO SELF SERVICE WHOLESALERS LTD

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Sections 104, 105 - Construction operations - Structures forming part of land - Shopfitting works.

[2001] BLR 407

RAINFORD HOUSE LIMITED v CADOGAN LIMITED

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.

[2001] BLR 416

BELGRAVIA PROPERTY COMPANY LIMITED v S & R (LONDON) LIMITED AND ANOTHER

JCT Management Contract 1987 Edition - JCT Works Contract/2 1987 Edition Clauses 1.11 and 4.27 - Name-borrowing - Joinder of arbitration - Indemnity and security for Management Contractor - Arbitration Act 1996, section 32.

[2001] BLR 424

(1) FLOODS OF QUEENSFERRY LIMITED (2) DAVID CHARLES FLOOD and (1) SHAND CONSTRUCTION LIMITED (2) MORRISON SHAND CONSTRUCTION LIMITED (3) MORRISON CONSTRUCTION LIMITED v SHAND CONSTRUCTION LIMITED (as Part 20 Claimant) and (1) ANTONY FLOOD (2) FLOODS PROPERTIES AND DEVELOPMENT COMPANY LIMITED (3) WINWARD FEARON

Costs - Wasted costs - Section 51 Supreme Court Act 1981 - Legal expenses insurance - Right of parties to litigation to fund - Right of solicitors to fund.

[2001] BLR 446

LIVERPOOL ROMAN CATHOLIC ARCHDIOCESAN TRUST v DAVID GOLDBERG QC

Evidence - Expert evidence - Admissibility - Relation between expert and party calling him - Whether such relationship renders evidence inadmissible.

[2001] BLR 479

DIANA EILEEN MERRETT v JOHN R H BABB

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.

[2001] BLR 483

JOSEPH DAYANI v LONDON BOROUGH OF BROMLEY

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.

[2001] BLR 503

SL TIMBER SYSTEMS LIMITED v CARILLION CONSTRUCTION LIMITED

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.

[2001] BLR 516

BALLAST PLC v THE BURRELL COMPANY (CONSTRUCTION MANAGEMENT) LIMITED

Adjudication - Jurisdiction of adjudicator - Housing Grants, Construction and Regeneration Act 1996, sections 108, 114(4) - Scheme for Construction Contracts (Scotland) paragraphs 9(2), 20(1) - Adjudicator’s decision - Inability to determine referred dispute - Scottish judicial review procedure - Nullity of decision.

[2001] BLR 529

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