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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 2012 Archive by Volume
Reports for Volume 1, 2012
LW INFRASTRUCTURE PTE LTD v LIM CHIN SAN CONTRACTORS PTE LTD
Time at large — Liquidated damages — Delay to progress — No delay to completion caused by employer’s breaches — Termination of sub-contractor’s employment — Accrued rights to liquidated damages at termination — Whether liquidated or common law damages recoverable for period after termination — Contractual notice for liquidated damages.
[2012] BLR 1
MCLAUGHLIN AND HARVEY LTD v DEPARTMENT OF FINANCE AND PERSONNEL
Procurement — European Directive 2004/18/EC — Procurement by Public Bodies — Public Contract Regulations 2006 — Framework agreement — Whether should be set aside.
[2012] BLR 26
HENRY BROTHERS (MAGHERAFELT) LTD AND OTHERS v DEPARTMENT OF EDUCATION FOR NORTHERN IRELAND
Procurement — Transparency — Public Contracts Regulations 2006 — Directive 2004/18/EC — Directive 2007/66/EC — Criteria for award of public contract — Framework agreement — Price component.
[2012] BLR 36
SYSTECH INTERNATIONAL LTD v PC HARRINGTON CONTRACTORS LTD
Adjudication — Adjudicator’s appointment — Adjudicator’s fees — Adjudication decision unenforceable — Claim for fees.
[2012] BLR 47
QIMONDA MALAYSIA SDN BHD v SEDIABENA SDN BHD AND ANOTHER
Retention — Trust — Implied trust — No need for explicit trust words — Employer in liquidation — No need for separate bank account — Estoppel.
[2012] BLR 65
PERSIMMON HOMES LTD v WOODFORD LAND LTD
Expert determination clause — Rectification claim excluded — Related contractual interpretation issues within court’s jurisdiction — Stay or striking out.
[2012] BLR 73
SPRUNT LTD v CAMDEN LONDON BOROUGH COUNCIL
Adjudication — Jurisdiction — Agreement in writing — Agreement that one contracting party nominates the adjudicator — Natural justice.
[2012] BLR 83
PARTNER PROJECTS LTD v CORINTHIAN NOMINEES LTD
Adjudication — Enforcement — Jurisdiction — Interest — Late Payment of Commercial Debts (Interest) Act 1998.
[2012] BLR 97
NAP ANGLIA LTD v SUN-LAND DEVELOPMENT CO LTD
Adjudication — Enforcement of the decision — CPR Part 50 and RSC Order 47 — Stay of execution — Probable inability of claimant to repay judgment sum amounting to special circumstances.
[2012] BLR 110
LANES GROUP PLC v GALLIFORD TRY INFRASTRUCTURE LTD T/A GALLIFORD TRY RAIL
Adjudication - Breach of adjudication agreement - Repudiation of adjudication agreement.
[2012] BLR 121
RAINY SKY SA AND OTHERS v KOOKMIN BANK
Construction of contract terms — Where the terms have more than one meaning — Relevance of business common sense.
[2012] BLR 132
ACD (LANDSCAPE ARCHITECTS) LTD v (1) OVERALL (2) COOKHAM CONSTRUCTION LTD
Disclosure and privilege — Waiver — Collateral waiver — Expert’s report — Reference made to report in statement on strike-out application — Whether deployed in court.
[2012] BLR 144
LEANDER CONSTRUCTION LTD v MULALLEY AND COMPANY LTD
Implied terms — Proceeding regularly and diligently with the works — Whether withholding notice valid.
[2012] BLR 152
NORESIDE CONSTRUCTION LTD v IRISH ASPHALT LTD
Battle of forms — Enquiries — Invitation to treat — Offer — Purchase order — Supply of materials — Incorporation of terms — By signature, reasonable notice or course of dealings — Document must refer to terms — Later delivery dockets contractually irrelevant — Implied terms — Custom of trade — Requirements to prove customary term — Implied term of merchantability.
[2012] BLR 165
HERBOSH-KIERE MARINE CONTRACTORS LTD v DOVER HARBOUR BOARD
Adjudication — Jurisdiction — Natural justice.
[2012] BLR 177
CARILLION UTILITY SERVICES LTD v SP POWER SYSTEMS LTD
Adjudication — Natural justice — Adoption of commercial rates on which no evidence.
[2012] BLR 186
NAP ANGLIA LTD v SUN-LAND DEVELOPMENT CO LTD (NO 2)
Costs — Adjudication award — Enforcement ordered subject to partial stay.
[2012] BLR 195
CIP PROPERTY (AIPT) LTD v TRANSPORT FOR LONDON AND OTHERS
Injunctions — Quia timet — Declarations — Need for participation in process being objected to — Prematurity of applications — Any useful purpose for declaration — Need for clear definition of issues — Imminent threat required.
[2012] BLR 202
SHEPHERD CONSTRUCTION LTD v PINSENT MASONS LLP
Partnership — Dissolution of partnership — Creation of new partnership — Later creation of limited liability partnership (LLP) — Liability of LLP for advice given by first partnership prior to dissolution — No ongoing retainer surviving dissolution of first partnership — No obligation to review previous legal advice — No liability of LLP for previous legal advice given by dissolved partnership.
[2012] BLR 213
SPIERS EARTHWORKS PTY LTD v LANDTEC PROJECTS CORPORATION PTY LTD (NO 2)
Liquidated damages — Penalty — Prevention principle — Whether time at large.
[2012] BLR 223
WALTER LILLY & CO LTD v MACKAY AND ANOTHER
Privilege — Legal professional privilege — Claims consultants — Personnel at firm legally qualified — Whether legal professional privilege applies.
[2012] BLR 249
WEST COUNTRY RENOVATIONS LTD v MCDOWELL AND ANOTHER
Practice and procedure — Allocation of TCC claims between High Court in London and other courts.
[2012] BLR 255
THEWLIS v GROUPAMA INSURANCE CO LTD
Part 36 offer — Period for acceptance — Inclusion in offer of phrase requiring consent of offeror or court’s permission after period for acceptance expired — Rejection of offer — Purported acceptance — Whether offer remained open for acceptance — Whether true Part 36 offer — Whether action stayed.
[2012] BLR 259
OWNERS AND/OR BAREBOAT CHARTERERS AND/OR SUB BAREBOAT CHARTERERS OF THE SHIP SAMCO EUROPE v OWNERS OF THE SHIP MSC PRESTIGE
Costs - CPR Part 36 - CPR Part 61 - Effect of Part 61 offer made and withdrawn before trial - Whether unjust in the circumstances to award costs in favour of party making the offer.
[2012] BLR 267
BARR AND OTHERS v BIFFA WASTE SERVICES LTD
Nuisance — Environment — Odour escaping from waste tip.
[2012] BLR 275
NORTHERN ROCK (ASSET MANAGEMENT) PLC v CHANCELLORS ASSOCIATES LTD
Admissions — CPR 14 — Judgment entered on admission in an acknowledgement of service — Judgment irregular — Jurisdiction of the court to set aside judgment.
[2012] BLR 303
WORKING ENVIRONMENTS LTD v GREENCOAT CONSTRUCTION LTD
Adjudication — Dispute — Crystallisation of dispute — Whether dispute prior to date for payment.
[2012] BLR 309
HIGGINSON SECURITIES (DEVELOPMENTS) LTD AND ANOTHER v HODSON
Pre-Action Protocol — Necessity for without prejudice meeting — Stay of proceedings — Costs.
[2012] BLR 321
SPECIALIST INSULATION LTD v PRO-DUCT (FIFE) LTD
Adjudication — Jurisdiction — What contract was formed — Battle of forms — Conduct as acceptance — Objective test — Reservation on jurisdictional challenge — Waiver and bar.
[2012] BLR 342
WW GEAR CONSTRUCTION LTD v MCGEE GROUP LTD
Adjudication — Part 8 declaration sought — Declarations and adjudications — Jurisdiction — Whether court would interfere in ongoing adjudication.
[2012] BLR 355
MERIT PROCESS ENGINEERING LTD v BALFOUR BEATTY ENGINEERING SERVICES (HY) LTD
Contract — Formation — Important terms not agreed — Price.
[2012] BLR 364
R&C ELECTRICAL ENGINEERS LTD v SHAYLOR CONSTRUCTION LTD
Adjudication — Enforcement of Decision — Ability to withhold sums against the Decision — Scope of the Adjudicator’s decision — Ambit of TeCSA Adjudication Rule 33.
[2012] BLR 373
AMPURIUS NU HOMES HOLDINGS LTD v TELFORD HOMES (CREEKSIDE) LTD
Due diligence — Reasonable endeavours — Repudiation — Affirmation.
[2012] BLR 387
SQUIBB GROUP LTD v VERTASE FLI LTD
Adjudication — Adjudicator’s findings on extension of time — Findings on withholding notices — Enforcement — Claimed set-off by losing party.
[2012] BLR 408
BECK INTERIORS LTD v UK FLOORING CONTRACTORS LTD
Adjudication — Dispute — Crystallisation of dispute.
[2012] BLR 417
RUST CONSULTING v PB LTD
Indemnity clause — Indemnity in asset purchase agreement — Judgment entered by consent — Extent of indemnity — Estoppel — Whether claimant required to show estoppel when defendant caused judgment between claimant and third party to be entered.
[2012] BLR 427
ODEDRA v BALL
Experts — Debarring expert evidence — Production of undisclosed report — Report privileged — Discretion of court.
[2012] BLR 434
TREBOR BASSETT HOLDINGS LTD AND ANOTHER v ADT FIRE AND SECURITY PLC
Contract — Supply of services or goods.
[2012] BLR 441
FG WILSON (ENGINEERING) LTD v JOHN HOLT & CO (LIVERPOOL) LTD
Sale of Goods Act 1979, section 14 — Action for price — Passing of property in goods — Retention of title — Entitlement to proceeds of sale.
[2012] BLR 468
BERENT v FAMILY MOSAIC HOUSING (INCORPORATING MOSAIC HOUSING ASSOCIATION) AND ANOTHER
Nuisance — Tree roots — Foreseeability — Real risk — Reasonable steps to reduce risk — Balancing exercise — General damages — Inconvenience — Awards modest.
[2012] BLR 488
WALTER LILLY & CO LTD v MACKAY AND ANOTHER (NO 2)
JCT Standard Form 1998 Edition Private without quantities — Clause 25 — Extension of time where concurrent Delay — Clause 17.1 — Requirements for practical completion.
[2012] BLR 503
BRIT INNS LTD (IN LIQUIDATION) BARBER AND LAWLESS v BDW TRADING LTD AND J REDDINGTON LTD BARBER, LAWLESS AND KATZ (ACTING AS LIQUIDATOR OF BRIT INNS LTD) v BDW TRADING LTD AND J REDDINGTON LTD (NO 2)
Costs — CPR Part 36 — Successful party at trial — Conduct of parties.
[2012] BLR 531
CLARK ELECTRICAL LTD v JMD DEVELOPMENTS (UK) LTD
Adjudication — Contractual engagement of adjudicator — Effect on jurisdiction — Ad hoc submission — Need to interpret what is said or done.
[2012] BLR 546
SMITH AND OTHERS v SOUTH EASTERN POWER NETWORKS PLC AND OTHERS
Negligence — Causation — Power distribution — Fires.
[2012] BLR 554
ALSTOM POWER LTD v SOMI IMPIANTI SRL
Personal property — Equipment — Sub-contractor’s equipment (defined in subcontract) — Whether legal property therein passed to contractor.
[2012] BLR 585
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