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PGF II SA v OMFS COMPANY 1 LTD
[2014] BLR 1
Mediation - Failure to respond to offer - Amounting to unreasonable refusal. - CPR Part 36 - Rule 10(5) - Costs consequences where Part 36 offer accepted - discretion of court to order otherwise.
ROBBINS v BEXLEY LONDON BOROUGH COUNCIL
[2014] BLR 11
Negligence - Nuisance - Causation - Tree root damage - Scope of duty of care to prevent tree root damage.
MAEDA CORPORATION AND OTHERS (IN JOINT VENTURE) v GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
[2014] BLR 22
Bills of Quantities - Whether rates unreasonable or inapplicable - Re-rating.
DOOSAN BABCOCK LTD (FORMERLY DOOSAN BABCOCK ENERGY LTD) v COMERCIALIZADORA DE EQUIPOS Y MATERIALES MABE LIMITADA (PREVIOUSLY KNOWN AS MABE CHILE LIMITADA)
[2014] BLR 33
Injunction to restrain call on guarantees - Different types of performance guarantees and bonds - Approach to injunctions in such situations - No party could benefit from its own wrong.
SABIC UK PETROCHEMICALS LTD (FORMERLY HUNTSMAN PETROCHEMICALS (UK) LTD) v PUNJ LLOYD LTD (A COMPANY INCORPORATED IN INDIA)
[2014] BLR 43
Delay - Obligation to carry out works "with due diligence" - Meaning - Delay - Implied terms - Whether implied term not to hinder or disrupt - Whether implied term to do all necessary to bring about completion of contract - Exclusion clauses - Implied terms - Whether clause limiting aggregate liability of contractor applied to claim for payment under termination provision - Whether claims for lost revenue and interest excluded by clause excluding liability for consequential and indirect loss, expense or damage and for loss of production or profit.
ASPECT CONTRACTS (ASBESTOS) LTD v HIGGINS CONSTRUCTION PLC
[2014] BLR 79
Adjudication - Proceedings challenging an adjudicator's decision - Cause of action - Term of repayment as construed - Implied term.
ANDREW MITCHELL MP v NEWS GROUP NEWSPAPERS LTD
[2014] BLR 89
Practice Direction requiring filing of costs budget - not less than seven days before the date of the hearing - Failure to comply - CPR cost budgeting rules - Jackson reforms - New overriding objective - CPR 3.14 - Strict enforcement of compliance with rules.
CATERPILLAR (NI) LTD (FORMERLY KNOWN AS FG WILSON (ENGINEERING) LTD) v JOHN HOLT & COMPANY (LIVERPOOL) LTD
[2014] BLR 103
Sale of Goods Act 1979, section 49(1) – Action for price – Passing of property in goods – Retention of title – Entitlement to proceeds of sale. – Contractual interpretation – No set-off clause.
WUHAN GUOYU LOGISTICS GROUP CO LTD AND ANOTHER v EMPORIKI BANK OF GREECE SA
[2014] BLR 119
On-demand guarantee – Payment by bank under the guarantee to beneficiary of guarantee – Whether beneficiary holds the monies on trust for the bank
VENULUM PROPERTY INVESTMENTS LTD v SPACE ARCHITECTS LTD AND OTHERS
[2014] BLR 127
Summary judgment – Limitation of Actions – Accrual date for cause of action
WATERDANCE LTD v KINGSTON MARINE SERVICES LTD
[2014] BLR 141
Damages – When loss occurs – Diminution in value caused by damage or breach – Cost of repair evidence of diminution – Events after damage irrelevant to diminution – Burden of proof on defendant to show no diminution.
TWINTEC LTD v VOLKERFITZPATRICK LTD
[2014] BLR 150
Letter of intent – Incorporation of dispute resolution clause. – Adjudication – Appointment of adjudicator – Appointment under provision which was not a contractual term – Appointment nullity. – Adjudication – Whether referring party's conduct unreasonable and oppressive. – Senior Courts Act 1981, section 37 – Granting of an injunction – Whether just and convenient.
WALES AND WEST UTILITIES LTD v PPS PIPELINE SYSTEMS GMBH
[2014] BLR 163
Adjudication - Jurisdiction - Scope of dispute - Enforceability of subsequent decision arising from previous unenforceable decision - Waiver of jurisdictional objection through compliance with decision.
LIBERTY MERCIAN LTD v CUDDY CIVIL ENGINEERING LTD AND ANOTHER
[2014] BLR 179
Contract – NEC3 Contract – Name of contracting party – Change of name to contracting party – New party dormant company – Termination. – Mistake – Mutual mistake – Unilateral mistake – Rectification – Estoppel by Convention. – Parent company guarantee – Performance bond and warranties – Obligation to provide guarantee, bond and warranties – Whether obligation survived termination.
Walker Construction (UK) Ltd v Quayside Homes Ltd
[2014] BLR 215
Adjudication – Sums awarded to contractor in adjudication – Claim by employer for return of part of those sums on basis of alleged defects – Whether employer had to prove its claim for return of those sums or whether contractor had to prove its entitlement thereto. – Costs – Employer recovering only small percentage of sums claimed – Whether judge should have awarded employer proportion of its costs only. – Costs – Calderbank offer by contractor inclusive of costs – Whether employer had beaten that offer – Correct approach to such offers.
Makdessi v Cavendish square holdings bv and another
[2014] BLR 246
Agreement for sale of shares - Provision for payment in instalments - If seller defaulted on restrictive covenants, interim and final payments not to be made - Whether clauses unenforceable as penalties.
Coventry v Lawrence
[2014] BLR 271
Nuisance – Private nuisance – Nuisance of personal discomfort – Noise – Establishing a prescriptive right – Relevance of coming to the nuisance – Assessing character of the locality and relevance of use of defendant's premises – Relevance of planning permission to character of locality. – Injunction – To restrain a nuisance – Approach to be adopted by a court – Whether to award damages instead.
AB v CD
[2014] BLR 313
Interim injunctions- Adequacy of damages - Contractual limitation - Exclusion on recoverable damages.
WEST AND ANOTHER v IAN FINLAY & ASSOCIATES (A FIRM)
[2014] BLR 324
Agreement for engagement of architect - "Net contribution clause" - Correct construction of clause - Whether ambiguous - Regulation 5 of the UTCC Regulations - Unreasonableness under provisions of UCTA. - Award of interest - Rate and duration. - Damages for distress and inconvenience - Level of such damages.
T CLARKE (SCOTLAND) LTD v MMAXX UNDERFLOOR HEATING LTD
[2014] BLR 341
Adjudication - Interim interdict to restrain future adjudications - Sham disputes - Abuse of process.
Lincolnshire County Council v Mouchel Business Services Ltd
[2014] BLR 347
Limitation - Extension of period for service of claim form after expiry of limitation period - Application to set aside extension of time given on application without notice - Protocol for Technology and Construction Disputes - Requirement for application to be made on notice for directions.
CO-OPERATIVE GROUP LTD v BIRSE DEVELOPMENTS LTD (IN LIQUIDATION) AND OTHERS
[2014] BLR 359
Limitation - Main contractor - Cause of action - Collateral warranties - Sub-contractor-sub-consultant-Assignment - Prohibition against assignment after two assignments - Link between nature of the duty and the extent of liability for breach of that duty - Incurrence of liability by main contractor - Time runs from practical completion - Knowledge irrelevant to accrual of cause of action - Construction of term determinative as to effectiveness of assignment.
MANOLETE PARTNERS PLC v HASTINGS BOROUGH COUNCIL
[2014] BLR 389
Dangerous structures – Building Act 1984, sections 76, 78 and 106 – Local authority's powers – Compensation payable to parties not in default – Meaning of default – Default under Building Act.
HONEYWELL INTERNATIONAL MIDDLE EAST LTD v MEYDAN GROUP LLC (FORMERLY KNOWN AS MEYDAN LLC)
[2014] BLR 401
Arbitration – Enforcement of Dubai arbitral award – Grounds for refusing enforcement New York Convention award – New York Convention article V. – Arbitration Act 1996 – Application to set aside enforcement – Section 103 – Grounds for refusal of recognition or enforcement of New York Convention award. – CPR 6.15(1), 6.27 – Permission for service out of the jurisdiction.
UNIVERSITY OF BRIGHTON v DOVEHOUSE INTERIORS LTD
[2014] BLR 432
JCT Intermediate Building Contract – Final Certificate as conclusive evidence – Requirements for commencement of adjudication proceedings – Invalidity of notice of adjudication – Incorrect address – Incorrect nominating body.
MT HØJGAARD A/S v E.ON CLIMATE AND RENEWABLES UK ROBIN RIGG EAST LTD AND E.ON CLIMATE AND RENEWABLES UK ROBIN RIGG WEST LTD
[2014] BLR 450
Design obligation – Obligation to design in accordance with specified standard – Obligation to produce design fit for purpose – Design in accordance with specified standard not fit for purpose – Fitness for purpose obligation overrides obligation to design in accordance with specified standard.
TRAVIS PERKINS TRADING COMPANY LTD v CAERPHILLY COUNTY BOROUGH COUNCIL
[2014] BLR 465
Preliminary issue – Public procurement – Limitation period – Scope of wording in brief details of claim – Whether claim included within particulars of claim – Limitation – Whether claim time-barred.
CO-OPERATIVE GROUP LTD v BIRSE DEVELOPMENTS LTD (IN LIQUIDATION) AND OTHERS
[2014] BLR 477
Amendment – Civil Procedure Rules Part 17.4(2) – Limitation period expired – Whether proposed amendment raised new cause of action – Whether proposed amendment should be permitted as a matter of discretion.
OBRASCON HUARTE LAIN SA v HER MAJESTY'S ATTORNEY GENERAL FOR GIBRALTAR
[2014] BLR 484
FIDIC – Termination – Timing of notification of extension of time – Address for service of notices – Unforeseeable ground conditions.
OKSANA MUL v HUTTON CONSTRUCTION LTD
[2014] BLR 529
JCT Intermediate Form of Contract 2005 – Clause 2.30 – Meaning of appropriate deduction in respect of defects.
LOVELL PARTNERSHIPS LTD AND ANOTHER v MERTON PRIORY HOMES
[2014] BLR 541
ACA Standard Form of Contract for Term Partnering 2005, clause 13.9 – Construction of clause – Termination for insolvency under contract – Whether contractor entitled to payment of any further sums due after termination.
DENTON AND OTHERS v TH WHITE LTD AND ANOTHER; DECADENT VAPOURS LTD v BEVAN AND OTHERS; UTILISE TDS LTD v CRANSTOUN DAVIES AND OTHERS
[2014] BLR 547
Relief from sanctions – CPR 3.9 – Three-stage test – Significant or serious default – Reason for default – Evaluation of all circumstances.
FRONTIER SYSTEMS LTD (TRADING AS VOICEFLEX) v FRIP FINISHING LTD
[2014] BLR 563
Internet telephone services – Responsibility for third party fraud – Use of service – Breach of contract – Implied terms – Communications Act 2003, sections 48(1) and 104.
SAINSBURY'S SUPERMARKETS LTD v CONDEK HOLDINGS LTD (FORMERLY CONDEK LTD) AND OTHERS
[2014] BLR 574
Negligence – Duty of care to avoid economic loss – Design defects – Inspections – Loss. – CPR 3.4(2)(a) – Strike out application. – CPR 24 – Summary judgment application.
OAKROCK LTD v TRAVELODGE HOTELS LTD AND OTHERS
[2014] BLR 593
Implied term in building contract – Work to be valued at a reasonable rate – No term implied that work to be undertaken only on an objectively reasonable rate.
HONEYWELL INTERNATIONAL MIDDLE EAST LTD v MEYDAN GROUP LLC
[2014] BLR 599
Arbitration – Enforcement of award – New York Convention – Arbitration Act 1996, section 66 – Judgment – Whether matter of discretion.
NORTHUMBRIAN WATER LTD v SIR ROBERT MCALPINE LTD
[2014] BLR 605
Nuisance – Negligence – Escape of concrete from building site.
HUNT AND OTHERS v OPTIMA (CAMBRIDGE) LTD AND OTHERS
[2014] BLR 613
Architect's Certificate – Purchasers of property prior to completion – Negligent misstatement – Collateral warranty – Duty of care for professional services – Limitation – Limitation Act 1980.
HUFFORD v SAMSUNG ELECTRONICS (UK) LTD
[2014] BLR 633
Consumer Protection Act 1987, section 2 – Meaning of “defect” – Fire – Causation – Burden of proof.
KELLIE AND ANOTHER v WHEATLEY & LLOYD ARCHITECTS LTD
[2014] BLR 644
Extent of liability for costs – Proportionate costs order – Standard or indemnity basis costs – Costs management order.
KS ENERGY SERVICES LTD v BR ENERGY (M) SDN BHD
[2014] BLR 658
“Endeavours” clauses – Meaning of obligations to use “all reasonable endeavours” and to use “best endeavours” – Whether the obligation was a continuing one – Breach of the obligation.
NATS (SERVICES) LTD v GATWICK AIRPORT LTD AND DFS DEUTSCHE FLUGSICHERING GMBH (INTERESTED PARTY)
[2014] BLR 697
Public procurement – Implementation of European Directive 2007/66/EC – Automatic suspension of tender process – Breach of implied tender contract – Interim injunction.
HURLEY PALMER FLATT LTD v BARCLAYS BANK PLC
[2014] BLR 713
Contracts (Rights of Third Parties) Act 1999 – Adjudication – Contractual interpretation.
LAING O'ROURKE CONSTRUCTION LTD (FORMERLY LAING O'ROURKE NORTHERN LTD) v HEALTH CARE SUPPORT (NEWCASTLE) LTD AND ANOTHER
[2014] BLR 722
Construction of a PFI Contract – Phased completion – Criteria for determining completion – Whether declarations sought appropriate.
PETERBOROUGH COUNTY COUNCIL v ENTERPRISE MANAGED SERVICES LTD
[2014] BLR 735
Stay of proceedings – Appointment of Dispute Adjudication Board – Whether precondition of proceeding in any action – FIDIC General Conditions of Contract, sections 20.2 to 20.8.