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STAR ENERGY WEALD BASIN LTD AND ANOTHER v BOCARDO SA

Trespass — Licence granted to search and bore for petroleum — Ownership of strata below surface — No common law defence — No licence to trespass — Damages — Compensation by reference to cost of securing wayleave — Section 8(2) Mines (Working Facilities and Support) Act 1966.

[2011] BLR 13

KAYE v LAWRENCE

Party Wall etc Act 1996, section 12(1) — Notice of security for expenses by adjoining owner — Whether security for expenses can be required where work to be carried out entirely on building owner’s premises.

[2011] BLR 77

WILLIAM MCILROY SWINDON LTD AND ANOTHER v QUINN INSURANCE LTD

Third Parties (Rights Against Insurers) Act 1930 — Requirement to commence arbitration within agreed period after claim under policy disputed — Failure of insured to give notification of dispute within time required by policy — Whether notification clause was unusual or onerous — Meaning of legal claim for purposes of time for notification.

[2011] BLR 136

MEARS LTD v LEEDS CITY COUNCIL

Procurement — Public Contracts Regulations, regulation 47 — Time limit for commencement of proceedings — Date of relevant knowledge of claim.

[2011] BLR 155

DAWES v TREASURE AND SON LTD

Arbitration — Arbitrator — Whether arbitrator functus officio on conclusion of settlement agreement.

[2011] BLR 194

ROBINSON v PE JONES (CONTRACTORS) LTD

House purchase - NHBC Contract - Concurrent duty of care in tort - Impact of contract terms on duty - Assumption of responsibility - Exclusion of liability in tort - Unfair Contract Terms Act 1977 - Reasonableness.

[2011] BLR 206

ROLF v DE GUERIN

Costs — CPR Part 36 — Claimant’s offer to mediate — Claimant’s offer to settle — Rejection of offer.

[2011] BLR 221

THE HALO TRUST v SECRETARY OF STATE FOR INTERNATIONAL DEVELOPMENT

Public Contracts Regulations 2006 — Procurement — Restraint of award of public contract — Application of American Cyanamid principles — Whether Government strategy for funding of demining capable of challenge pursuant to Public Contracts Regulations.

[2011] BLR 229

CN ASSOCIATES (A FIRM) v HOLBETON LTD

Adjudication — Jurisdiction — Reservation of position — Whether jurisdiction conferred on adjudicator to decide his own jurisdiction — Whether construction contract in writing between parties.

[2011] BLR 261

JONES v KANEY

Expert evidence — Experts — Immunity — Abolition of immunity — Duty to court — Duty to client.

[2011] BLR 283

SIMON CARVES LTD v ENSUS UK LTD

On-Demand Bond — Injunction restraining call — Test for the granting of an injunction — Whether fraud required.

[2011] BLR 340

WOODLANDS OAK LTD v CONWELL AND ANOTHER

Bias — Early indications by judge — Defects — Mitigation — Opportunity to contractor to put right — Existence or not of defects liability clause — Cost plus contract.

[2011] BLR 365

EAGLE v REDLIME LTD

Limitation — Limitation Act 1980, section 14A — When claimant had knowledge required for bringing action for damages in respect of relevant damage.

[2011] BLR 373

DURHAM COUNTY COUNCIL v JEREMY KENDALL (t/a HLB ARCHITECTS)

Housing Grants, Construction and Regeneration Act 1996, section 107 — Adjudication — Whether contract written or evidenced in writing — Disputes under more than one contract — Waiver of jurisdictional challenges not taken before adjudicator.

[2011] BLR 425

SCULLION v BANK OF SCOTLAND PLC (t/a COLLEYS)

Valuation — Negligence — Duty of care — Foreseeability — Proximity — Fairness justice and reasonableness — Buy-to-let property — Different considerations applicable.

[2011] BLR 449

TINSELTIME LTD v ROBERTS AND OTHERS

Tort — Nuisance — Negligence — General rule employer of independent contractor not responsible for independent contractor’s torts — Exception of Exceptionally Dangerous Activities — Exception of work to dividing structures.

[2011] BLR 515

LANES GROUP PLC v GALLIFORD TRY INFRASTRUCTURE LTD

Adjudication — Award — No jurisdiction — Commencement of new adjudication before different adjudicator — Whether subsequent adjudicator had jurisdiction — Whether summary judgment should be granted.

[2011] BLR 553

LOWE AND ANOTHER v W MACHELL JOINERY LTD

Sale of Goods — Rejection of goods — Statutory implied terms — Sale of Goods Act 1979, section 14 — Finding by trial judge of breach of contract.

[2011] BLR 591

BARCLAYS BANK PLC v NYLON CAPITAL LLP

Expert determination — Mandate or jurisdiction of expert — Determination by court of expert’s jurisdiction — Before or after expert determination — Arbitration not comparable — Settlement before handing down of judgments — Court’s discretion to hand down.

[2011] BLR 614

PANNONE LLP v AARDVARK DIGITAL LTD

Orders by consent — Case management — Power of court — Discretion overriding consent — Circumstances in which extension can be granted — Circumstances need not be unusual — Consent one of circumstances — Consent not inherently decisive — CPR 3.3(1), 3.1(2)(a), 3.8 and 3.9.

[2011] BLR 695

RBIL v RYHURST AND OTHERS

Security for costs — Threshold for ordering security — The exercise of the discretion by the court — Taking into account delay in the making of the application.

[2011] BLR 721