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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.