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HUBER AND ANOTHER v X YACHTS (GB) LTD AND ANOTHER

Remote hearing - Trial - Parties and witnesses outside the jurisdiction - Video only hearing - Courts Act 2003, section 85A and 85B - Senior Courts Act 1981, section 71 - Conditions to broadcast proceedings

[2021] BLR Plus 2

GLOBAL SWITCH ESTATES LTD v SUDLOWS LTD

Adjudication - Natural justice - Jurisdiction - All defences to be considered by adjudicator - Impact of previous adjudication decisions

[2021] BLR Plus 7

STANDARD LIFE ASSURANCE LTD v GLEEDS (UK) (A FIRM) AND OTHERS

Statements of case - Strike out - Sampling and extrapolation of breaches - Inference - Res ipsa loquitur - Global claims - Burden of proof - Abuse of process - Expert evidence in support of professional negligence allegations

[2021] BLR Plus 10

LARGE v HART AND ANOTHER

Damages - Negligent - Negligent survey - Failure to advise and provide information - Measure of loss

[2021] BLR Plus 11

TRW LTD v PANASONIC INDUSTRY EUROPE GMBH AND ANOTHER

Jurisdiction - Recast Brussels I Regulation (Regulation No 1215/2012/EU) - Jurisdiction agreements - Contract formation - Battle of the forms - Lis alibi pendens - Stay of proceedings to avoid the risk of irreconcilable judgments

[2021] BLR Plus 14

MOTACUS CONSTRUCTIONS LTD v PAOLO CASTELLI SPA

Construction contract - Adjudication enforcement - Summary judgment - Whether jurisdiction of English court ousted by foreign exclusive jurisdiction clause - 2005 Hague Convention, articles 6(c) and 7

[2021] BLR Plus 15

MARTLET HOMES LTD v MULALLEY & CO 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

[2021] BLR Plus 16

CLIN v WALTER LILY & CO LTD

Construction - Demolition works - Planning - Conservation areas - JCT Contracts - Appeals

[2021] BLR Plus 17

NAYLOR AND OTHERS v ROAMQUEST LTD AND ANOTHER

Striking out - CPR 3.4(2) (a) and (b) - Summary judgment - CPR 24.2 - Principles applicable - No realistic prospect of success - No mini-trial to be conducted - Consider evidence before court as well as that expected at trial - Capital diminution after remedial works reflecting stigma

[2021] BLR Plus 22

MOTT MACDONALD LTD v TRANT ENGINEERING LTD

Exclusion and limitation clauses - Net contribution clauses - Interpretation - Scope of application - Whether applicable to "fundamental", "wilful" or "deliberate" breaches

[2021] BLR Plus 25

PRATER LTD v JOHN SISK & SONS (HOLDINGS) LTD

Adjudication - Summary judgment - Jurisdiction - More than one dispute - Effect of alleged lack of jurisdiction in earlier decision on later decision based in part on earlier decision

[2021] BLR Plus 27

MAYPOLE DOCK LTD v CATALYST HOUSING LTD

Interim relief – Injunction – Court proceedings under way seeking damages for breach of Overage Agreement – Defendant seeking to commence expert determination under contractual provisions in Overage Agreement.

[2021] BLR Plus 29

DAVIES & DAVIES ASSOCIATES LTD v STEVE WARD SERVICES (UK) LTD

Adjudication – Adjudicator’s fees claimed in circumstances where he resigned – Adjudicator’s resignation due to issue on jurisdiction not raised by the parties – Whether a breach of contract by the adjudicator disentitling him to his fees.

[2021] BLR Plus 30

DANA UK AXLE LTD v FREUDENBERG FST GMBH

Trial – Expert evidence – Failure by expert to comply with CPR Part 35 – Application to dismiss whole of expert’s evidence as a consequence – Breaches of court order and expert duties – Expert evidence excluded.

[2021] BLR Plus 31

PERFORM CONTENT SERVICES LTD v NESS GLOBAL SERVICES LTD

Brussels Recast Regulation – Lis pendens – Article 33 – Stay in favour of courts of non-member state – Article 25 – Non-exclusive jurisdiction agreements – Whether “jurisdiction is based on article 4” – Whether stay “necessary for the proper administration of justice”.

[2021] BLR Plus 32

TRIPLE POINT TECHNOLOGY INC v PTT PUBLIC COMPANY LTD

Liquidated damages – Contract terminated – Effect on entitlement to liquidated damages – General principle – Negligence meaning in contract – Clear words needed to limit interpretation to exclude normal interpretation – Liquidated damages subject to cap or not.

[2021] BLR Plus 33