i-law

Building Law Reports

VALE SA v BHP GROUP (UK) LTD AND BHP GROUP LTD

[2024] BLR 1
Fundāo Dam disaster – Part 20 defendant – Joinder of Part 20 – Whether serious issue to be tried – Appropriate forum – Readiness for trial – Party's continuing participation. – Court of Appeal – Permission to appeal – Test for grant of permission.

CHURCHILL v MERTHYR TYDFIL COUNTY BOROUGH COUNCIL (THE LAW SOCIETY, THE BAR COUNCIL, THE CIVIL MEDIATION COUNCIL, THE CENTRE FOR EFFECTIVE DISPUTE RESOLUTION, THE CHARTERED INSTITUTE OF ARBITRATORS, HOUSING LAW PRACTITIONERS’ ASSOCIATION, THE SOCIAL HOUSING LAW ASSOCIATION, INTERVENERS)

[2024] BLR 12
CPR 26.5 – Practice Direction on Pre-Action Conduct and Protocols – Whether a court can order parties to engage in ADR – The circumstances in which an order should be made.

CRYSTAL ELECTRONICS LTD v DIGITAL MOBILE SPECTRUM LTD

[2024] BLR 26
Adjudication – Construction operations – Housing Grants, Construction and Regeneration Act 1996, sections 104 and 105 – Installation of systems forming part of the land – Matter of fact and degree – Work on televisions and aerials.

VAN ELLE LTD v KEYNVOR MORLIFT LTD

[2024] BLR 40
Adjudication – Construction operations – Housing Grants, Construction and Regeneration Act 1996, sections 104 and 105 – Installation forming part of the land – Where England ends – Were works within England – Natural justice – Matters not addressed by adjudicator.

J & B HOPKINS LTD v A & V BUILDING SOLUTION LTD

[2024] BLR 56
Permission to appeal – Stay of execution – Consequential orders.

UNIVERSITY OF EXETER v ALLIANZ INSURANCE PLC

[2024] BLR 63
Insurance – War exclusion – Unexploded World War II bomb – Damage occurring over 70 years later – Human intervention – Proximate cause – Dominant effective and efficient cause – Common sense – But for test – Passage of time – Concurrent causes.

GLOVER AND ANOTHER v FLUID STRUCTURAL ENGINEERS AND TECHNICAL DESIGNERS LTD

[2024] BLR 76
Strike-out – Summary judgment – Structural engineer's scope of duty – Liability for costs in investigating claims as a result of alleged negligence – Liability to repay fees.

MUNICÍPIO DE MARIANA AND OTHERS v BHP GROUP (UK) LTD AND ANOTHER

[2024] BLR 108
Fundāo Dam disaster – Part 20 defendant – Joinder of Part 20 defendant – Arbitration clause – Shareholder agreement – Stay to arbitration under Arbitration Act 1996, section 9. – Brazilian law – Arbitration clause – Shareholder agreement – Stay to arbitration under Arbitration Act 1996, section 9. – Arbitration Act 1996, section 9 – Stay – Abuse of process.

TRIATHLON HOMES LLP v STRATFORD VILLAGE DEVELOPMENT PARTNERSHIP AND OTHERS

[2024] BLR 139
Building Safety Act 2022 – Remedial Contribution Orders – Waking watch costs – Whether just and equitable – Waking watch costs – Costs incurred prior to coming into force of the Building Safety Act.

UNICREDIT BANK GMBH (A COMPANY INCORPORATED UNDER THE LAWS OF GERMANY) v RUSCHEMALLIANCE LLC (A COMPANY INCORPORATED UNDER THE LAWS OF THE RUSSIAN FEDERATION)

[2024] BLR 179
Anti-suit injunction – On demand bonds – Bonds provided for English law and ICC arbitration in Paris – Proceedings started in Russia – Whether UK court had jurisdiction to grant anti-suit injunction – Whether UK court was proper forum – CPR 6.37(3).

BELLWAY HOMES LTD v SURGO CONSTRUCTION LTD

[2024] BLR 196
Adjudication – Application to enforce adjudicator's decision.

TOPALSSON GMBH v ROLLS ROYCE MOTOR CARS LTD

[2024] BLR 207
Non-party costs orders – Disclosure of funding arrangements – Risk of breach of foreign civil or criminal law.

KING JOHN BARI-IYIEDUM BEREBON AND OTHERS v SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA

[2024] BLR 217
Act of State doctrine – Striking out – Abuse of Process – Mandatory injunction – Lengthy stays of proceedings – Application to restore claim and lift latest stay – Summary judgment application by defendant.

BELLWAY HOMES LTD v SURGO CONSTRUCTION LTD

[2024] BLR 244
Part 7 – Summary judgment to enforce decision of adjudicator – Whether contract adjudication scheme compliant with HGCRA – Whether adjudicator properly appointed – Jurisdiction challenge – Part 8 claim for declaration – Whether adjudicator wrong on point of law – Whether enforcement should be refused.

IBM UK LTD v LZLABS GMBH AND OTHERS

[2024] BLR 261
Evidence – Confidential information – Disclosure.

TAYLOR v JONES AND ANOTHER: TAYLOR v SPRIGGS

[2024] BLR 271
Party Wall etc Act 1996 – Costs of repair – Betterment. – Costs – CPR 44 – The winner on appeal – Principles.

BATTERSEA PROJECT PHASE 2 DEVELOPMENT COMPANY LTD v QFS SCAFFOLDING LTD

[2024] BLR 289
Adjudication – Part 8 proceedings – Enforcement of adjudicator's decision – Conclusive evidence – JCT contracts.

SOUTH EAST WATER LTD v ELSTER WATER METERING LTD

[2024] BLR 309
Application by defendant to strike out claim – Application for summary judgment on its defence – Unfair Contract Terms Act – Terms of framework agreement.

JALLA AND OTHERS v ROYAL DUTCH SHELL PLC AND OTHERS

[2024] BLR 327
Costs – CPR 44 – Whether cost should be awarded on the indemnity basis – Whether a proportional costs order should be made – Payment on accounts of costs – Wasted cost order – Senior Courts Act 1981, section 51 – CPR 46.8 – Practice Direction 46 – Non-party costs order – Application for disclosure against a non-party – CPR 31.17.

AFFINITY WATER LTD v HIGH SPEED TWO (HS2) LTD

[2024] BLR 347
Summary judgment application – Real and not fanciful prospects of success – Factual matrix in issue – Unsuitability for summary disposal.

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