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MANSION PLACE LTD v FOX INDUSTRIAL SERVICES LTD

Whether there had been agreement to forgo claiming liquidated damages – Whether an extension of time claim had to be determined before a notice of non-completion could be served – Whether liquidated damages were a penalty – Whether the liquidated damages provision was inoperative and unenforceable.

[2022] BLR 19

RUSHBOND PLC v THE JS DESIGN PARTNERSHIP LLP

Property damage by third parties – Negligence – Duty of care – Omissions – Strike out – Whether arguable case of duty of care – Whether “pure omission” – Exceptions to rule against liability for “pure omissions”.

[2022] BLR 93

CDE v NOP

Arbitration – Confidentiality – Contractual rights – Need for open justice – Hearings in private – CPR 39.2 – CPR 62.10 – Case management conference in private.

[2022] BLR 108

MULALLEY & CO LTD v MARTLET HOMES LTD

Pleadings – Reply – Whether adding new claim in Reply – Application to strike out parts of Reply – Whether permitted – Claim should be added to Particulars of Claim by amendment – CPR Part 3.4(2)(a) and Part 7.5. – Limitation Act 1980 – Amendment to add claim after expiry of limitation period – Principles to be applied – Discretion.

[2022] BLR 198

GEOQUIP MARINE OPERATIONS AG v TOWER RESOURCES CAMEROON SA AND ANOTHER

Contract sum – Whether late invoice defeated right to be paid – Whether term a condition that made time of the essence – Estoppel by convention – Whether shared assumption sufficiently clear – Whether unequivocal communication that crossed the line – Estoppel by contract – Whether recitals went beyond statement of facts – Guarantee – Whether guarantee discharged by material variation to underlying contract.

[2022] BLR 289

TRANSPARENTLY LTD v GROWTH CAPITAL VENTURES LTD

Mandatory injunction – Serious issue to be tried – High degree of assurance that right will be established – Damages and adequate remedy – Balance of convenience – Least risk of injustice – Application for delivery up of software – Cross undertaking in damages.

[2022] BLR 319

BEXHEAT LTD v ESSEX SERVICES GROUP LTD

Adjudication – Enforcement – Serial adjudications – Whether same dispute. – Adjudication – Set-off – Contractual terms permitting set-off of adjudications decisions – Contractual terms permitting referral of multiple disputes at one party's election – Conflict with Housing Grants, Construction and Regeneration Act 1996 and Scheme for Construction Contracts. – Adjudication – Stay of execution – Evidence.

[2022] BLR 355

VAN OORD UK LTD v DRAGADOS UK LTD

Adjudication – Natural justice – Need to canvass with parties points not presented by them – Intermediate position between parties’ cases.

[2022] BLR 373

JOHN GRAHAM CONSTRUCTION LTD v TECNICAS REUNIDAS UK LTD

Adjudication enforcement – Disputed contra charge – Severance of part of adjudicator's decision – Effect of arbitration award overturning earlier adjudicator's decision on matters to be decided in a later adjudication – Waiver of jurisdiction objection.

[2022] BLR 402