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Building Law Reports Plus RSS feed

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 Plus 4

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 Plus 7

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 Plus 8

ACCESS FOR LIVING v LONDON BOROUGH OF LEWISHAM

Procurement – Public Contracts Regulations 2015 (SI 2015 No 102), Regulation 92 – Limitation – Application to extend time – “Good reason” under the Regulations – Whether time should be extended.

[2022] BLR Plus 10

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

[2022] BLR Plus 13

HIRST AND ANOTHER v DUNBAR AND OTHERS

Contract formation – Quantum meruit – Limitation – Accrual of cause of action for reasonable sum – Scheme for Construction Contracts.

[2022] BLR Plus 14

ALEBRAHIM v BM DESIGN LONDON LTD

Contract for interior design services – Contract construction – Meaning of “the total cost of the works” – Trade price or agreed estimate.

[2022] BLR Plus 17

GEOQUIP MARINE OPERATIONS AG v TOWER RESOURCES CAMEROON SA AND ANOTHER

Contract sum - Whether late invoice defeated right to be paid - Whether term a condition that made time of the essence - Estoppel by convention - Whether shared assumption sufficiently clear - Whether unequivocal communication that crossed the line - Estoppel by contract - Whether recitals went beyond statement of facts - Guarantee - Whether guarantee discharged by material variation to underlying contract

[2022] BLR Plus 20

TRANSPARENTLY LTD v GROWTH CAPITAL VENTURES LTD

Mandatory injunction - Serious issue to be tried - High degree of assurance that right will be established - Damages and adequate remedy - Balance of convenience - Least, risk of injustice - Application for delivery up of software - Cross undertaking in damages

[2022] BLR Plus 21

GENERAL DYNAMICS UNITED KINGDOM LTD v THE STATE OF LIBYA

Ex parte injunction – Application to set aside – Duty of full and frank disclosure – Arbitration Act 1996, section 101 – Service on state – Dispensation with service – State Immunity Act 1978, section 12.

[2022] BLR Plus 24

VAN OORD UK LTD v DRAGADOS UK LTD

Adjudication - Natural justice - Need to canvass with parties points not presented by them - Intermediate position between parties' cases

[2022] BLR Plus 27

JOHN GRAHAM CONSTRUCTION LTD v TECNICAS REUNIDAS UK LTD

Adjudication enforcement - Disputed contra-charge - Severance of part of adjudicator's decision - Effect of arbitration award overturning earlier adjudicator's decision on matters to be decided in a later adjudication - Waiver of jurisdiction objection

[2022] BLR Plus 28

IBM UK LTD v LZLABS GMBH AND OTHERS

Tort of inducing a breach of contract – Liability of company director for inducing a breach of contract by the company of which he is a director – Directors’ powers and duties – Strike out pursuant to CPR Part 3.4(2)(a) or (b) – Summary judgment pursuant to CPR Part 24.

[2022] BLR Plus 29