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CREST NICHOLSON OPERATIONS LTD AND ANOTHER v GRAFIK ARCHITECTS LTD AND ANOTHER
Striking out - No reasonable grounds - Abuse of process - Lack of particularity - Failure to disclose reasonable grounds for bringing the claim - Need for information request to be made - Need for expert evidence in support
[2022] BLR Plus 3
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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 Plus 4
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BUILDING DESIGN PARTNERSHIP LTD v STANDARD LIFE ASSURANCE LTD
Pleadings - Extrapolation of claims - Strike out application under CPR 3.4(2)(a) and (b)
[2022] BLR Plus 5
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NAYLOR AND OTHERS v ROAMQUEST LTD AND ANOTHER
Amendments to particulars of claim under CPR r 17.1(2)(b) - Striking out - Real prospect of success - Pleading of case on defects
[2022] BLR Plus 6
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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
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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
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FAIRGROVE HOMES LTD v MONUMENT TWO LTD
Construction contracts - Enforcement - Adjudicators' decisions - Tomlin Orders - Interpretation
[2022] BLR Plus 9
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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
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IDEAL SHOPPING DIRECT LTD AND OTHERS v MASTERCARD INCORPORATED AND OTHERS and IDEAL SHOPPING DIRECT LTD AND OTHERS v VISA EUROPE LTD AND OTHERS
Service - Amendments of claimed forms - Service of unsealed claim forms - Whether outside limitation period - Jurisdiction of the court - CPR Part 7.5 - CPR Part 3.10 - Errors of procedure - Whether capable of rectification
[2022] BLR Plus 11
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CAMERON TAYLOR CONSULTING LTD AND ANOTHER v BDW TRADING LTD
Application to amend after expiry of limitation period - Limitation Act 1980, sections 14B and 35 - Application of CPR 17.4 - Application to substitute a party - Application of CPR 19.5
[2022] BLR Plus 12
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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
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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
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ATOS SERVICES UK LTD v THE SECRETARY OF STATE FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY AND ANOTHER
Procurement – Public Contracts Regulations 2015 (SI 2015 No 102) – Expert evidence – Issues upon which expert evidence ought to be given – Principles to be applied – Admissibility.
[2022] BLR Plus 15
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EXCESSION TECHNOLOGIES LTD v POLICE DIGITAL SERVICE
Procurement - Limitation - Time-bar - Whether extention should be granted
[2022] BLR Plus 16
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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
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STEVE WARD SERVICES (UK) LTD v DAVIES & DAVIES ASSOCIATES LTD
Adjudication - Adjudicator's fees - Adjudicator resigning - Entitlement to fees - Whether Unfair Contract Terms Act 1977 applied - Bad faith - Whether rate reasonable - Costs
[2022] BLR Plus 18
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AVANTAGE (CHESHIRE) LTD AND OTHERS v GB BUILDING SOLUTIONS LTD (IN ADMINISTRATION) AND OTHERS
Damage by fire - Summary judgment - Duty of care - Assumption of responsibility - Economic loss - Physical damage - Acts or omissions
[2022] BLR Plus 19
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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
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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
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BENKERT UK LTD v PAINT DISPENSING LTD
Limitation of liability - Unfair Contract Terms Act 1977 - Reasonableness
[2022] BLR Plus 22
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THE PUBLIC INSTITUTION FOR SOCIAL SECURITY v BANQUE PICTET & CIE SA AND OTHERS
Judgment - Draft judgment distributed to parties - Embargo on draft judgment - Breach of embargo
[2022] BLR Plus 23
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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
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THE RUGBY FOOTBALL LTD v CLARK SMITH PARTNERSHIP LTD AND ANOTHER and F M CONWAY LTD v THE RUGBY FOOTBALL LTD AND ANOTHER
Construction contracts - Insurance - Agency - Interpretation - Contribution - Preliminary issues
[2022] BLR Plus 25
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BEXHEAT LTD v ESSEX SERVICES GROUP LTD
Adjudication - Enforcement - Serial adjudications - Whether same dispute
[2022] BLR Plus 26
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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
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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
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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
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AIC LTD v FEDERAL AIRPORTS AUTHORITY OF NIGERIA
Overriding objective – Principle of finality – Relief from sanctions – Enforcement proceedings.
[2022] BLR Plus 30
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ABBEY HEALTHCARE (MILL HILL) LTD v SIMPLY CONSTRUCT (UK) LLP
Adjudication – Collateral warranty – Construction contract – Housing Grants, Construction and Regeneration Act 1996, section 104 – Retrospective effect of collateral warranty.
[2022] BLR Plus 31
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ESSENTIAL LIVING (GREENWICH) LTD v ELEMENTS (EUROPE) LTD
Part 8 – Adjudication – Extent to which adjudicator’s award concerning interim payment is binding in respect of final account and any later adjudication.
[2022] BLR Plus 32
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STANDARD LIFE ASSURANCE LTD v GLEEDS (UK) (A FIRM) AND OTHERS
Pleading – Claim for damages – Strike out – Summary judgment on defence – CPR Parts 3 and Part 24.
[2022] BLR Plus 33
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ORCHARD PLAZA MANAGEMENT COMPANY LTD v BALFOUR BEATTY REGIONAL CONSTRUCTION LTD
Collateral warranty – Assignment – Remoteness – Funders.
[2022] BLR Plus 34