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MERIT HOLDINGS LTD v MICHAEL J LONSDALE LTD

CPR Part 8 – Declarations – Substance of claim – Whether adjudication business – Whether TCC Guide followed – Disputes of fact – Determining contractual terms.

[2018] BLR 14

THE ROYAL DEVON & EXETER NHS FOUNDATION TRUST v ATOS IT SERVICES UK LTD

Contract – Limitation of liability – Consequential damages – Exclusion of liability – Points of construction – Appeal from findings on preliminary issues. – Appeal – Permission to appeal – Whether new case sought to be argued on appeal – Whether permission should be granted.

[2018] BLR 90

BURNSIDE v PROMONTORIA (CHESTNUT) LTD

Contract – Implied term that it be performed “within a reasonable time” – Whether excluded by entire agreement clause – Whether necessary to stipulate what was a reasonable time.

[2018] BLR 111

SYSTEMS PIPEWORK LTD v ROTARY BUILDING SERVICES LTD

Payment notices – Final account – Validity – Whether document notifies the “proper amount due for payment” – Whether adjudication notice constitutes notice of “dissent” from notification of amount due.

[2018] BLR 123

VICTORY HOUSE GENERAL PARTNER LTD v RGB P&C LTD

Adjudication – Natural justice – New points raised by adjudicator – Parties given opportunity to respond – Part 8 proceedings – Inappropriate where factual issues exist.

[2018] BLR 133

GLEN WATER LTD v NORTHERN IRELAND WATER LTD

Contractors’ claims – Compensation events – Notice requirements – Conditions precedent – Interpretation of notices – Whether notice of compensation event claim given.

[2018] BLR 141

INTERACTIVE E SOLUTIONS JLT AND ANOTHER v O3B AFRICA LTD

Contract – Exclusion clause – Interpretation of the exclusion clause – Whether a claim for damages fell within the fraud proviso – What comprises relevant fraud to bring a claim within the fraud proviso.

[2018] BLR 167

GROVE DEVELOPMENTS LTD v S&T(UK) LTD

Notices – Contractual requirements – Whether strictly satisfied. – Adjudication – Enforcement – Separate adjudication regarding “true” value of interim application.

[2018] BLR 173

PROBUILD CONSTRUCTIONS (AUST) PTY LTD v SHADE SYSTEMS PTY LTD AND ANOTHER

Administrative Law – Judicial review – Certiorari – Whether error of law on face of record – Whether adjudicator's decision amenable to relief – Whether Building and Construction Industry Security of Payment Act 1999 (NSW) ousted jurisdiction of Supreme Court under Supreme Court Act 1970 (NSW).

[2018] BLR 201

EL GAMAL v SYNERGY LIFESTYLE LTD

Costs – Part 36 offers – Part payments on account of liability – Whether part payment reduces the amount of an earlier Part 36 offer.

[2018] BLR 246

PHONES 4U LTD (IN ADMINISTRATION) v EE LTD

Contract – Termination of contract for breach – Notice of termination under contractual provisions – Subsequent reliance on repudiatory breach – Damages for loss of bargain.

[2018] BLR 255