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MANSION PLACE LTD v FOX INDUSTRIAL SERVICES LTD

Whether there had been agreement to forgo claiming liquidated damages – Whether an extension of time claim had to be determined before a notice of non-completion could be served – Whether liquidated damages were a penalty – Whether the liquidated damages provision was inoperative and unenforceable.

[2022] BLR 19

RUSHBOND PLC v THE JS DESIGN PARTNERSHIP LLP

Property damage by third parties – Negligence – Duty of care – Omissions – Strike out – Whether arguable case of duty of care – Whether “pure omission” – Exceptions to rule against liability for “pure omissions”.

[2022] BLR 93

CDE v NOP

Arbitration – Confidentiality – Contractual rights – Need for open justice – Hearings in private – CPR 39.2 – CPR 62.10 – Case management conference in private.

[2022] BLR 108

MULALLEY & CO LTD v MARTLET HOMES LTD

Pleadings – Reply – Whether adding new claim in Reply – Application to strike out parts of Reply – Whether permitted – Claim should be added to Particulars of Claim by amendment – CPR Part 3.4(2)(a) and Part 7.5. – Limitation Act 1980 – Amendment to add claim after expiry of limitation period – Principles to be applied – Discretion.

[2022] BLR 198