i-law.com

: PGF II SA v OMFS COMPANY 1 LTD; 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.; [2014] BLR 1

: ROBBINS v BEXLEY LONDON BOROUGH COUNCIL; Negligence - Nuisance - Causation - Tree root damage - Scope of duty of care to prevent tree root damage.; [2014] BLR 11

: MAEDA CORPORATION AND OTHERS (IN JOINT VENTURE) v GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION; Bills of Quantities - Whether rates unreasonable or inapplicable - Re-rating.; [2014] BLR 22

: DOOSAN BABCOCK LTD (FORMERLY DOOSAN BABCOCK ENERGY LTD) v COMERCIALIZADORA DE EQUIPOS Y MATERIALES MABE LIMITADA (PREVIOUSLY KNOWN AS MABE CHILE LIMITADA); 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.; [2014] BLR 33

: SABIC UK PETROCHEMICALS LTD (FORMERLY HUNTSMAN PETROCHEMICALS (UK) LTD) v PUNJ LLOYD LTD (A COMPANY INCORPORATED IN INDIA); 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.; [2014] BLR 43

: ASPECT CONTRACTS (ASBESTOS) LTD v HIGGINS CONSTRUCTION PLC; Adjudication - Proceedings challenging an adjudicator's decision - Cause of action - Term of repayment as construed - Implied term.; [2014] BLR 79

: ANDREW MITCHELL MP v NEWS GROUP NEWSPAPERS LTD; 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.; [2014] BLR 89

: CATERPILLAR (NI) LTD (FORMERLY KNOWN AS FG WILSON (ENGINEERING) LTD) v JOHN HOLT & COMPANY (LIVERPOOL) LTD; 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.; [2014] BLR 103

: WUHAN GUOYU LOGISTICS GROUP CO LTD AND ANOTHER v EMPORIKI BANK OF GREECE SA; On-demand guarantee – Payment by bank under the guarantee to beneficiary of guarantee – Whether beneficiary holds the monies on trust for the bank; [2014] BLR 119

: VENULUM PROPERTY INVESTMENTS LTD v SPACE ARCHITECTS LTD AND OTHERS; Summary judgment – Limitation of Actions – Accrual date for cause of action; [2014] BLR 127

: WATERDANCE LTD v KINGSTON MARINE SERVICES LTD; 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.; [2014] BLR 141

: TWINTEC LTD v VOLKERFITZPATRICK LTD; 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.; [2014] BLR 150

: WALES AND WEST UTILITIES LTD v PPS PIPELINE SYSTEMS GMBH; Adjudication - Jurisdiction - Scope of dispute - Enforceability of subsequent decision arising from previous unenforceable decision - Waiver of jurisdictional objection through compliance with decision.; [2014] BLR 163

: LIBERTY MERCIAN LTD v CUDDY CIVIL ENGINEERING LTD AND ANOTHER; 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.; [2014] BLR 179

: Walker Construction (UK) Ltd v Quayside Homes Ltd; 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.; [2014] BLR 215

: Makdessi v Cavendish square holdings bv and another; 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.; [2014] BLR 246

: Coventry v Lawrence; 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.; [2014] BLR 271

: AB v CD; Interim injunctions- Adequacy of damages - Contractual limitation - Exclusion on recoverable damages.; [2014] BLR 313

: WEST AND ANOTHER v IAN FINLAY & ASSOCIATES (A FIRM); 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.; [2014] BLR 324

: T CLARKE (SCOTLAND) LTD v MMAXX UNDERFLOOR HEATING LTD; Adjudication - Interim interdict to restrain future adjudications - Sham disputes - Abuse of process.; [2014] BLR 341

: Lincolnshire County Council v Mouchel Business Services Ltd; 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.; [2014] BLR 347

: CO-OPERATIVE GROUP LTD v BIRSE DEVELOPMENTS LTD (IN LIQUIDATION) AND OTHERS; 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.; [2014] BLR 359

: MANOLETE PARTNERS PLC v HASTINGS BOROUGH COUNCIL; 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.; [2014] BLR 389

: HONEYWELL INTERNATIONAL MIDDLE EAST LTD v MEYDAN GROUP LLC (FORMERLY KNOWN AS MEYDAN LLC); 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.; [2014] BLR 401

: UNIVERSITY OF BRIGHTON v DOVEHOUSE INTERIORS LTD; 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.; [2014] BLR 432

: 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; 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.; [2014] BLR 450

: TRAVIS PERKINS TRADING COMPANY LTD v CAERPHILLY COUNTY BOROUGH COUNCIL; 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.; [2014] BLR 465

: CO-OPERATIVE GROUP LTD v BIRSE DEVELOPMENTS LTD (IN LIQUIDATION) AND OTHERS; 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.; [2014] BLR 477

: OBRASCON HUARTE LAIN SA v HER MAJESTY'S ATTORNEY GENERAL FOR GIBRALTAR; FIDIC – Termination – Timing of notification of extension of time – Address for service of notices – Unforeseeable ground conditions.; [2014] BLR 484

: OKSANA MUL v HUTTON CONSTRUCTION LTD; JCT Intermediate Form of Contract 2005 – Clause 2.30 – Meaning of appropriate deduction in respect of defects.; [2014] BLR 529

: LOVELL PARTNERSHIPS LTD AND ANOTHER v MERTON PRIORY HOMES; 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.; [2014] BLR 541

: DENTON AND OTHERS v TH WHITE LTD AND ANOTHER; DECADENT VAPOURS LTD v BEVAN AND OTHERS; UTILISE TDS LTD v CRANSTOUN DAVIES AND OTHERS; Relief from sanctions – CPR 3.9 – Three-stage test – Significant or serious default – Reason for default – Evaluation of all circumstances.; [2014] BLR 547

: FRONTIER SYSTEMS LTD (TRADING AS VOICEFLEX) v FRIP FINISHING LTD; Internet telephone services – Responsibility for third party fraud – Use of service – Breach of contract – Implied terms – Communications Act 2003, sections 48(1) and 104.; [2014] BLR 563

: SAINSBURY'S SUPERMARKETS LTD v CONDEK HOLDINGS LTD (FORMERLY CONDEK LTD) AND OTHERS; 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.; [2014] BLR 574

: OAKROCK LTD v TRAVELODGE HOTELS LTD AND OTHERS; 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.; [2014] BLR 593

: HONEYWELL INTERNATIONAL MIDDLE EAST LTD v MEYDAN GROUP LLC; Arbitration – Enforcement of award – New York Convention – Arbitration Act 1996, section 66 – Judgment – Whether matter of discretion.; [2014] BLR 599

: NORTHUMBRIAN WATER LTD v SIR ROBERT MCALPINE LTD; Nuisance – Negligence – Escape of concrete from building site.; [2014] BLR 605

: HUNT AND OTHERS v OPTIMA (CAMBRIDGE) LTD AND OTHERS; Architect's Certificate – Purchasers of property prior to completion – Negligent misstatement – Collateral warranty – Duty of care for professional services – Limitation – Limitation Act 1980.; [2014] BLR 613

: HUFFORD v SAMSUNG ELECTRONICS (UK) LTD; Consumer Protection Act 1987, section 2 – Meaning of “defect” – Fire – Causation – Burden of proof.; [2014] BLR 633

: KELLIE AND ANOTHER v WHEATLEY & LLOYD ARCHITECTS LTD; Extent of liability for costs – Proportionate costs order – Standard or indemnity basis costs – Costs management order.; [2014] BLR 644

: KS ENERGY SERVICES LTD v BR ENERGY (M) SDN BHD; “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.; [2014] BLR 658

: NATS (SERVICES) LTD v GATWICK AIRPORT LTD AND DFS DEUTSCHE FLUGSICHERING GMBH (INTERESTED PARTY); Public procurement – Implementation of European Directive 2007/66/EC – Automatic suspension of tender process – Breach of implied tender contract – Interim injunction.; [2014] BLR 697

: HURLEY PALMER FLATT LTD v BARCLAYS BANK PLC; Contracts (Rights of Third Parties) Act 1999 – Adjudication – Contractual interpretation.; [2014] BLR 713

: LAING O'ROURKE CONSTRUCTION LTD (FORMERLY LAING O'ROURKE NORTHERN LTD) v HEALTH CARE SUPPORT (NEWCASTLE) LTD AND ANOTHER; Construction of a PFI Contract – Phased completion – Criteria for determining completion – Whether declarations sought appropriate.; [2014] BLR 722

: PETERBOROUGH COUNTY COUNCIL v ENTERPRISE MANAGED SERVICES LTD; 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.; [2014] BLR 735

Building Law Reports