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BALFOUR BEATTY REGIONAL CONSTRUCTION LTD v GROVE DEVELOPMENTS LTD

Contract – Construction – JCT Standard Form Design and Build 2011 – Interim payments – New schedule agreed that only went to July 2015 – What the contractual regime was for applications after that date – Express terms – Implied terms.

[2017] BLR 1

LESLIE v FARRAR CONSTRUCTION LTD

Contract – Overpayment – Restitution – Money paid without full calculation of actual “build costs” – Whether recoverable.

[2017] BLR 21

BEUMER GROUP UK LTD v VINCI CONSTRUCTION UK LTD

Adjudication – Enforcement – Natural justice – Adjudicator's failure to disclose involvement in separate adjudication involving same party and same subject matter – Inconsistent factual cases in separate adjudications – Impartiality – Disclosure of documents from separate adjudication – Denial of opportunity to advance case – Materiality of breach.

[2017] BLR 53

WILLMOTT DIXON CONSTRUCTION LTD v ROBERT WEST CONSULTING LTD

CPR 17.1(2)(b) – Application to amend Response to Request for Further Information – Vicarious liability – Independent contractors – Exceptionally hazardous or inherently dangerous works – Withdrawal of Support – Contributory negligence.

[2017] BLR 67

OCTOESSE LLP v TRAK SPECIAL PROJECTS LTD

JCT Intermediate Building Contract (IC 2011) – Clauses 2.22 and 2.23. – Deduction of liquidated damages – Certificates of non-completion. – Costs – Recovery of claims consultants’ fees.

[2017] BLR 82

ENERGY SOLUTIONS EU LTD v NUCLEAR DECOMMISSIONING AUTHORITY

Public procurement – Francovich conditions – Breaches need to be sufficiently serious – Factors to be taken into account – Non-exhaustive list of factors – Individual manifest errors in conjunction leading to wrong tenderer selection – Winning tenderer should have been disqualified.

[2017] BLR 92

DACY BUILDING SERVICES LTD v IDM PROPERTIES LLP

Adjudication – Jurisdiction – No contract – Difference as to the parties to the contract – Clarity as to who the contract parties are – Reservation as to jurisdiction.

[2017] BLR 114

HIS ROYAL HIGHNESS EMERE GODWIN BEBE OKPABI AND OTHERS v ROYAL DUTCH SHELL PLC AND SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD

Foreign claimants – Pollution in the Niger Delta – Holding and operating companies sued – CPR 11(1)(a) and (b) – Duty of Care by holding company – Foreseeability, proximity and reasonableness – Applicable substantive law – Nigerian law – Regulation EC 864/2007 (Rome II) – Expert evidence – Permission to call expert evidence – The position of the claimant's solicitors – CFAs or equivalent available in Nigeria.

[2017] BLR 136

SOUTH COAST CONSTRUCTION LTD V IVERSON ROAD LTD

Adjudication – Enforcement – Insolvency Act 1986 – Administration – Notice of intention to appoint an administrator – Permission to proceed with enforcement application. – Adjudication – Enforcement – Jurisdiction – Scope of dispute – Construction of notice of adjudication – Decision on issues raised in a cross-claim.

[2017] BLR 169

MILTON KEYNES BOROUGH COUNCIL v VIRIDOR (COMMUNITY RECYCLING MK) LTD

Contracts – Mistake – Common mistake – Unilateral mistake – Rectification – Defences – Laches – Acquiescence. – Contracts – Entire agreement clauses – Whether a bar to rectification. – Public Procurement – Public Contract Regulations 2006 (SI 2006 No 5) – Regulations 18(25) and 18(26) – Whether breach of Regulations is a bar to rectification.

[2017] BLR 216

COSTAIN LTD v TARMAC HOLDINGS LTD

Arbitration Act 1996, section 9 – Construction of Dispute Resolution provisions in NEC 3 Framework Contract and NEC 3 Supply Short Contract – Whether the Arbitration Agreement is inoperative under the Arbitration Act 1996, section 9(4) – Whether Arbitration Agreement is null and void because Adjudicator exceeded his jurisdiction – Whether party estopped from relying on Arbitration Agreement.

[2017] BLR 239

JOSEPH GLEAVE & SON LTD v SECRETARY OF STATE FOR DEFENCE

Public procurement – Challenge to tender documents – Contract not yet awarded – Whether expedited trial should be ordered before contract award – Whether stay should be granted pending contract award.

[2017] BLR 264

LEJONVARN v BURGESS AND ANOTHER

Duty of care – Services provided gratuitously – Correct test for establishing whether a duty of care is owed – Scope of duty.

[2017] BLR 277

SYMBION POWER LLC v VENCO IMTIAZ CONSTRUCTION COMPANY

Arbitration – Serious irregularity – Arbitration Act 1996, section 68(2)(d) – Tribunal's failure to deal with all issues put to it – Principles applicable – Substantial injustice required – Arbitrator's confidential communication with one party – Remission or setting aside – Confidentiality.

[2017] BLR 297

CELTIC BIOENERGY LTD v KNOWLES LTD

Arbitration – Arbitration Act 1996, section 68 – Application to set aside award based on serious irregularity – Fraud.

[2017] BLR 312

AECOM DESIGN BUILD LTD v STAPTINA ENGINEERING SERVICES LTD

Adjudication – Jurisdiction – Whether dispute extended to the proper assessment of deductions for defects – Enlargement of dispute by responding party. – Adjudication – Natural justice – Adjudicator's decision different from position advanced by either party – Whether parties given sufficient opportunity to make submissions.

[2017] BLR 329

PEEL PORT SHAREHOLDER FINANCE COMPANY LTD v DORNOCH LTD

Pre-action disclosure – CPR 31.16 – Third Parties (Rights against Insurers) Act 2010 – Application for disclosure of insurance policy against a solvent company – Whether to exercise discretion to grant disclosure – Relevance of statutory and procedural landscape.

[2017] BLR 382

GOODLIFE FOODS LTD v HALL FIRE PROTECTION LTD

Fire – Exclusion clause – Unfair Contract Terms Act 1977 – Consumer Protection Act 1987, section 41(1) – Electrical Equipment (Safety) Regulations 1994 (SI 1994 No 3260) – Claim in negligence and breach of statutory duty – Exclusion clause partly unenforceable – Effect on remainder of clause – Reasonableness of clause.

[2017] BLR 389

RUSSELL AND ANOTHER v PETER STONE (TRADING AS PSP CONSULTANTS) AND OTHERS

Contracts – Standstill Agreements – Interpretation – Whether effect is to extend time or suspend the running of time – Whether protection of earlier agreement is lost by conclusion of a further agreement – Relevance and effect of recitals – Relevance of unamended standard form or template agreement – Commercial common sense – Clear words.

[2017] BLR 429

VILCA AND OTHERS v XSTRATA LTD AND OTHERS

Expert evidence – Foreign law – Two experts previously instructed – Most recent expert withdrew because of ill-health – Application for extension of time for exchange of expert reports – Whether court should impose condition that previous experts’ reports should be disclosed.

[2017] BLR 460