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CAVENDISH SQUARE HOLDING BV v EL MAKDESSI; PARKINGEYE LTD v BEAVIS

Penalties – Whether clauses consequential upon breaches of restrictive covenants were penalties – Whether enforceable. – Agreement for sale of shares – Provision for payment in instalments – If seller defaulted on restrictive covenants, Interim and Final Payments not to be made – Also remaining shareholding could be obtained by purchaser's exercise of an option – Whether clauses unenforceable as penalties.

[2016] BLR 1

BLOOMBERG LP v SANDBERG (A FIRM) AND OTHERS

Contracts – Limitation clauses – Whether limitation clause in contractor's warranty to tenant limits consultant engineer's contribution claim against contractor. – Contribution – Limitation clauses – Whether possible to contract out of the Civil Liability (Contribution) Act 1978. – Contribution – Civil Liability (Contribution) Act 1978, section 1(3) – Whether expiry of contractual period of limitation extinguishes right on which claim is based. – Remedies – Declaratory relief – Circumstances in which declaratory relief is appropriate.

[2016] BLR 72

MATTHEW HARDING (TRADING AS M J HARDING CONTRACTORS) v PAICE AND ANOTHER

Adjudication – Valuation of contractor's account – Lack of pay less notice – Decision of adjudicator based on lack of notice – Whether valuation element of dispute capable of subsequent adjudication – Refusal by judge at first-instance to grant injunction preventing subsequent adjudication – Appeal against refusal – Whether subsequent adjudication permitted – Construction of paragraph 9(2) of Part I of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998 No 649).

[2016] BLR 85

BROWN AND ANOTHER v COMPLETE BUILDINGS SOLUTIONS LTD

Adjudication – Previous adjudication – Contractor's claim rejected on technical grounds – Same or substantially the same dispute – Test – New payment application – Second adjudication in contractor's favour – Different dispute.

[2016] BLR 98

WATTRET AND ANOTHER v THOMAS SANDS CONSULTING LTD

Experts – Professional negligence – Conduct of arbitration by surveyors – Permission to call expert evidence – CPR 35.1 – Quantity surveyor expert – Permission granted subject to court controls.

[2016] BLR 104

PERSIMMON HOMES LTD AND OTHERS v OVE ARUP & PARTNERS LTD AND ANOTHER

Contracts – Interpretation – General principles of contractual interpretation. – Contracts – Interpretation – Interpretation of limitation of liability and exclusion clauses in commercial agreements. – Contracts – Interpretation – Business common sense.

[2016] BLR 112

LUKOIL MID-EAST LTD v BARCLAYS BANK PLC

Contracts – Interpretation – Inconsistent terms – Surplusage. – On-Demand Bonds – Interpretation. – On-Demand Bonds – Validity of demand – Matters required to be stated in demand.

[2016] BLR 162

LARKFLEET LTD v ALLISON HOMES EASTERN LTD

Preliminary issue – Procedure to be followed when preliminary issues are ordered – Meaning of additional clause inserted into a JCT Design and Build Standard Form Building Contract – Operation of NHBC Scheme – Whether claimant's cause of action statute-barred.

[2016] BLR 172

GARTELL & SON (A FIRM) v YEOVIL TOWN FOOTBALL & ATHLETIC CLUB LTD

Total failure of consideration – Determination of what contractual performance should have been – Fact that work done not precluding total failure – Breaches so serious that employer had not received contractual performance – Supply of Goods and Services Act 1982, section 13 – Reasonable care and skill – VAT not recoverable on remedial work costs if employer VAT registered – Overtime costs need to be proved.

[2016] BLR 213

SOUTH LANARKSHIRE COUNCIL v COFACE SA

On-Demand Bonds – Interpretation – Whether bond contains two-stage notice procedure. – On-Demand Bonds – Validity of demand – Sufficiency of description of breach.

[2016] BLR 237

WALTER LILLY & CO LTD v CLIN

JCT Contract with Quantities (2005 Rev 2) Designed Portion – Demolitions required – Planning consents – Obligations to secure consents – Risk of consents not obtained – Employer's area of responsibility – Implied terms to secure planning consents – Scope of implied terms – No absolute obligation implied – Contractor's implied duty to cooperate.

[2016] BLR 247