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Building Law Reports
AUTHOR: The Honourable Mr Justice Akenhead, Peter Fraser QC, Chantal-Aimèe Doerries QC, James Howells, Christopher Lewis and Marc Lixenberg
ISBN: 0141-5875
Building Law Reports
Author: The Honourable Mr Justice Akenhead, Peter Fraser QC, Chantal-Aimèe Doerries QC, James Howells, Christopher Lewis and Marc Lixenberg
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Browse 2011 Archive by Volume
Reports for Volume 1, 2011
OCEANBULK SHIPPING & TRADING SA v TMT ASIA LTD AND OTHERS
Without prejudice negotiations — Settlement Agreement — Whether party entitled to rely upon without prejudice communications.
[2011] BLR 1
STAR ENERGY WEALD BASIN LTD AND ANOTHER v BOCARDO SA
Trespass — Licence granted to search and bore for petroleum — Ownership of strata below surface — No common law defence — No licence to trespass — Damages — Compensation by reference to cost of securing wayleave — Section 8(2) Mines (Working Facilities and Support) Act 1966.
[2011] BLR 13
STRAW REALISATIONS (NO 1) LTD (FORMERLY KNOWN AS HAYMILLS (CONTRACTORS) LTD (IN ADMINISTRATION)) v SHAFTSBURY HOUSE (DEVELOPMENTS) LTD
Adjudication — Insolvency — Administration — Set-off — Summary judgment.
[2011] BLR 47
BEWLEY HOMES PLC v CNM ESTATES (SURBITON) LTD
Settlement agreement — Adjudication award — Construction of settlement agreement.
[2011] BLR 67
KAYE v LAWRENCE
Party Wall etc Act 1996, section 12(1) — Notice of security for expenses by adjoining owner — Whether security for expenses can be required where work to be carried out entirely on building owner’s premises.
[2011] BLR 77
VALENTINE v TRANSPORT FOR LONDON AND ANOTHER
Highways Act 1980 — Section 41 — Duty to maintain by highway authority — Extent of obligation.
[2011] BLR 89
COMPANIA SUD AMERICANA DE VAPORES SA v SINOCHEM TIANJIN LTD (FORMERLY SINOCHEM TIANJIN IMPORT AND EXPORT CORP) (THE “ACONCAGUA”)
Causation — Two possible causes — Elimination of one cause not sufficient to establish other cause — Need for further evidence.
[2011] BLR 101
LINKLATERS BUSINESS SERVICES v SIR ROBERT MCALPINE LTD AND OTHERS
Contract — Damages — Reasonableness of remedial scheme.
[2011] BLR 108
GIBRALTAR RESIDENTIAL PROPERTIES LTD v GIBRALCON 2004 SA
Adjudication award — Exclusive jurisdiction clause — Proceedings in England seeking stay — Jurisdiction and Judgments Regulation 44/2001.
[2011] BLR 126
WILLIAM MCILROY SWINDON LTD AND ANOTHER v QUINN INSURANCE LTD
Third Parties (Rights Against Insurers) Act 1930 — Requirement to commence arbitration within agreed period after claim under policy disputed — Failure of insured to give notification of dispute within time required by policy — Whether notification clause was unusual or onerous — Meaning of legal claim for purposes of time for notification.
[2011] BLR 136
MEARS LTD v LEEDS CITY COUNCIL
Procurement — Public Contracts Regulations, regulation 47 — Time limit for commencement of proceedings — Date of relevant knowledge of claim.
[2011] BLR 155
EXEL EUROPE LTD v UNIVERSITY HOSPITALS COVENTRY AND WARWICKSHIRE NHS TRUST
Procurement — Public Contracts Regulations 2006, regulation 47G(1) — Whether defendant to be entitled to enter into contract — Principles to be applied — Whether serious issue to be tried — Whether damages adequate remedy.
[2011] BLR 167
REDWING CONSTRUCTION LTD v WISHART
Adjudication — Costs — After the Event Insurance — Conditional Fee Agreements.
[2011] BLR 186
DAWES v TREASURE AND SON LTD
Arbitration — Arbitrator — Whether arbitrator functus officio on conclusion of settlement agreement.
[2011] BLR 194
ROBINSON v PE JONES (CONTRACTORS) LTD
House purchase — NHBC Contract — Concurrent duty of care in tort — Impact of contract terms on duty — Assumption of responsibility — Exclusion of liability in tort — Unfair Contract Terms Act 1977 — Reasonableness.
[2011] BLR 206
ROLF v DE GUERIN
Costs — CPR Part 36 — Claimant’s offer to mediate — Claimant’s offer to settle — Rejection of offer.
[2011] BLR 221
THE HALO TRUST v SECRETARY OF STATE FOR INTERNATIONAL DEVELOPMENT
Public Contracts Regulations 2006 — Procurement — Restraint of award of public contract — Application of American Cyanamid principles — Whether Government strategy for funding of demining capable of challenge pursuant to Public Contracts Regulations.
[2011] BLR 229
AES-3C MARITZA EAST 1 EOOD v CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK (FORMERLY CALYON CORPORATE AND INVESTMENT BANK) AND ANOTHER
Bonds — On demand — Two demands — Requirements for supporting documents for demands — Correlation between demand and supporting documents — Foreign court injunction against bank — Fraud — Honest but mistaken belief.
[2011] BLR 249
CN ASSOCIATES (A FIRM) v HOLBETON LTD
Adjudication — Jurisdiction — Reservation of position — Whether jurisdiction conferred on adjudicator to decide his own jurisdiction — Whether construction contract in writing between parties.
[2011] BLR 261
DE BEERS UK LTD (FORMERLY THE DIAMOND TRADING CO LTD) v ATOS ORIGIN IT SERVICES UK LTD
Contract — Damages — Delay.
[2011] BLR 274
JONES v KANEY
Expert evidence — Experts — Immunity — Abolition of immunity — Duty to court — Duty to client.
[2011] BLR 283
MERITZ FIRE AND MARINE INSURANCE CO LTD v JAN DE NUL NV AND ANOTHER
Bonds — Guarantees — Contractual interpretation.
[2011] BLR 320
SIMON CARVES LTD v ENSUS UK LTD
On-Demand Bond — Injunction restraining call — Test for the granting of an injunction — Whether fraud required.
[2011] BLR 340
CROWN ALUMINIUM LTD v NORTHERN & WESTERN INSURANCE COMPANY LTD AND ANOTHER
Practice and procedure — Claim against two defendants — First defendant debarred from defending — Whether second defendant entitled to summary judgment — Judgment in default — Scope of CPR 12.8(2).
[2011] BLR 355
WOODLANDS OAK LTD v CONWELL AND ANOTHER
Bias — Early indications by judge — Defects — Mitigation — Opportunity to contractor to put right — Existence or not of defects liability clause — Cost plus contract.
[2011] BLR 365
EAGLE v REDLIME LTD
Limitation — Limitation Act 1980, section 14A — When claimant had knowledge required for bringing action for damages in respect of relevant damage.
[2011] BLR 373
ADYARD ABU DHABI v SD MARINE SERVICES
Contract — Shipbuilding — Rescission — Delayed performance.
[2011] BLR 384
DURHAM COUNTY COUNCIL v JEREMY KENDALL (t/a HLB ARCHITECTS)
Housing Grants, Construction and Regeneration Act 1996, section 107 — Adjudication — Whether contract written or evidenced in writing — Disputes under more than one contract — Waiver of jurisdictional challenges not taken before adjudicator.
[2011] BLR 425
LANES GROUP PLC v GALLIFORD TRY INFRASTRUCTURE LTD
Adjudication — Breach of adjudication agreement — Repudiation of adjudication agreement — Bias.
[2011] BLR 438
SCULLION v BANK OF SCOTLAND PLC (t/a COLLEYS)
Valuation — Negligence — Duty of care — Foreseeability — Proximity — Fairness justice and reasonableness — Buy-to-let property — Different considerations applicable.
[2011] BLR 449
CONARKEN GROUP LTD AND FARRELL TRANSPORT LTD v NETWORK RAIL INFRASTRUCTURE LTD
Negligence — Economic loss — Recoverability of economic loss consequential upon physical damage.
[2011] BLR 462
MOUCHEL LTD v VAN OORD (UK) LTD (NO 2)
Costs — Contribution proceedings — Civil Liability (Contribution) Act 1978.
[2011] BLR 492
CARILLION JM LTD v PHI GROUP LTD (ROBERT WEST CONSULTING LTD, THIRD PARTY) CARILLION JM LTD v ROBERT WEST CONSULTING LTD
Costs — Part 36 — Discretion.
[2011] BLR 504
TINSELTIME LTD v ROBERTS AND OTHERS
Tort — Nuisance — Negligence — General rule employer of independent contractor not responsible for independent contractor’s torts — Exception of Exceptionally Dangerous Activities — Exception of work to dividing structures.
[2011] BLR 515
MERITZ FIRE & MARINE INSURANCE CO LTD v JAN DE NUL NV AND ANOTHER
Bonds — Advance Payment Guarantee — On-demand — ICC Uniform Rules for Command Guarantee — Terms for demand — Literal construction.
[2011] BLR 535
COSTELLO AND ANOTHER v MACDONALD AND OTHERS
Unjust enrichment — Not arising inexistence where relevant contractual arrangements between the parties.
[2011] BLR 544
LANES GROUP PLC v GALLIFORD TRY INFRASTRUCTURE LTD
Adjudication — Award — No jurisdiction — Commencement of new adjudication before different adjudicator — Whether subsequent adjudicator had jurisdiction — Whether summary judgment should be granted.
[2011] BLR 553
BROSTER AND OTHERS v GALLIARD DOCKLANDS LTD AND OTHERS
Claim for physical property damage — No cause of action for property damage for defects in property — Complex structure theory.
[2011] BLR 569
WILLIAM MCILROY (SWINDON) LTD AND OTHERS v QUINN INSURANCE LTD
Insurance — Public liability — Time-bar provision — Whether “dispute on liability in respect of claim or amount to be paid” before existence and amount of liability to third parties established.
[2011] BLR 579
LOWE AND ANOTHER v W MACHELL JOINERY LTD
Sale of Goods — Rejection of goods — Statutory implied terms — Sale of Goods Act 1979, section 14 — Finding by trial judge of breach of contract.
[2011] BLR 591
BARCLAYS BANK PLC v NYLON CAPITAL LLP
Expert determination — Mandate or jurisdiction of expert — Determination by court of expert’s jurisdiction — Before or after expert determination — Arbitration not comparable — Settlement before handing down of judgments — Court’s discretion to hand down.
[2011] BLR 614
HI-LITE ELECTRICAL LTD v WOLSELEY UK LTD (DAB PUMPS SPA, THIRD PARTY)
Causation — Novus actus interveniens — Remoteness — Apportionment.
[2011] BLR 629
JERRAM FALKUS CONSTRUCTION LTD v FENICE INVESTMENTS INC (NO 4)
JCT Design and Build 2005 — Final account claim — Adjudicator’s decision — Whether challenged in sufficient time — Whether conclusive.
[2011] BLR 644
TREBOR BASSETT HOLDINGS LTD AND ANOTHER v ADT FIRE AND SECURITY PLC
Contract — “Battle of forms” — Offer and acceptance.
[2011] BLR 661
PANNONE LLP v AARDVARK DIGITAL LTD
Orders by consent — Case management — Power of court — Discretion overriding consent — Circumstances in which extension can be granted — Circumstances need not be unusual — Consent one of circumstances — Consent not inherently decisive — CPR 3.3(1), 3.1(2)(a), 3.8 and 3.9.
[2011] BLR 695
WITNEY TOWN COUNCIL v BEAM CONSTRUCTION (CHELTENHAM) LTD
Adjudication — Jurisdiction — Scheme for construction contracts — Power of adjudicator to determine more than one dispute under a contract — Nature and scope of dispute referred.
[2011] BLR 707
RBIL v RYHURST AND OTHERS
Security for costs — Threshold for ordering security — The exercise of the discretion by the court — Taking into account delay in the making of the application.
[2011] BLR 721
HACKNEY EMPIRE LTD v AVIVA INSURANCE UK LTD (FORMERLY NORWICH UNION INSURANCE LTD)
Bond — Guarantee — Side agreement between employer and contractor as to on-account payments — Whether obligations under side agreement within scope of bond — Whether side agreement or payments made by employer discharged guarantor under bond.
[2011] BLR 726
NORTH SHORE VENTURES LTD v ANSTEAD HOLDINGS INC AND OTHERS
Loan — Guarantee — Alleged non-disclosure of material facts — Duty of disclosure.
[2011] BLR 757
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