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AMEC CAPITAL PROJECTS LTD v WHITEFRIARS CITY ESTATES LTD

Adjudication - Jurisdiction of adjudicator - JCT Standard Form with Contractor’s Design 1998 Edition - Clauses 39A.2 and 39A.3 - Named adjudicator dead - Scheme applicable - Fairness - Rules of natural justice - Bias - No jurisdiction on first adjudication - Same adjudicator appointed for second adjudication - Telephone conversation with adjudicator - Passing on of legal advice obtained by adjudicator.

[2005] BLR 1

ALAN JACKSON v MARLEY DAVENPORT LTD

Litigation privilege - Expert report - Whether CPR r 35.13 creates a power to order disclosure of expert report made earlier than that disclosed for use at trial.

[2005] BLR 13

BRYEN & LANGLEY LTD v BOSTON

Adjudication - Enforcement of adjudicator’s decision - Effect of adjudicator’s decision as to jurisdiction - Whether contractual terms included adjudication clause - Whether alleged agreement by employer not to seek further payment grounds for not enforcing adjudicator’s decision - Whether adjudication clause and/or clause limiting employer’s right of set-off unfair within meaning of Unfair Terms in Consumer Contracts Regulations 1999.

[2005] BLR 28

COLLINS (CONTRACTORS) LTD v BALTIC QUAY MANAGEMENT (1994) LTD

Arbitration - Stay to arbitration under section 9 Arbitration Act 1996 - Whether applied to claim based on failure to issue notice of intention to withhold - Section 111 Housing Grants, Construction and Regeneration Act 1996 - Meaning of dispute.

[2005] BLR 63

WOOLCOCK STREET INVESTMENTS PTY LTD v CDG PTY LTD

Negligence - Duty of care - Pure economic loss - Construction of commercial premises - Whether engineer owed duty of care to subsequent owner. Negligence - Duty of care - Pure economic loss - Whether relationship of engineer and subsequent owner gave rise to duty - Salient features of relationship - Vulnerability - Assumption of responsibility - Reliance or dependence - Whether defects relevant - Whether contract with original owner relevant - Whether statutory protection relevant. Practice and procedure - Appeal by way of case stated - Whether cause of action on agreed facts - Sufficiency of pleading.

[2005] BLR 92

GEORGE WIMPEY UK LIMITED v VIC CONSTRUCTION LIMITED

Contract - Unilateral mistake - Sale contract - Formula for adjustment - Change to formula - “Overage” - Omission in formula. Contract - Rectification - Dishonesty not pleaded - Belief necessary ingredient - Knowledge of mistake.

[2005] BLR 135

INDESCON LIMITED v OGDEN

Arbitration - Delay - Delay in appointing arbitrator after service of arbitration notice - Whether right to apply for appointment had lapsed through effluxion of time - Whether implied term that such right should be used within reasonable period of time - Whether abandonment of notice - Whether repudiatory breach of arbitration agreement - Effect of service of second notice and appointment thereunder - Defendant’s responsibility for delay.

[2005] BLR 152

CIB PROPERTIES LIMITED v BIRSE CONSTRUCTION

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Section 108 - Scheme for Construction Contracts - Complex dispute - Appropriateness of adjudication - Adjudicator’s slip - Timescales and timetable - Court’s powers if any slip - Dispute - What constitutes a dispute - Extensions of time in adjudication - Disclosure of documents in adjudication.

[2005] BLR 173

EIRIKUR MAR PETURSSON AND ANOTHER v HUTCHISON 3G UK LTD

Costs capping order - Jurisdiction - Discretion - Factors to take into account - Timing of application - Early application desirable - Retrospective cap - Costs between application and order - Exceptional power - Cap on prospective costs - Human Rights - Fair hearing.

[2005] BLR 210

AMEC CIVIL ENGINEERING LTD v SECRETARY OF STATE FOR TRANSPORT

ICE Conditions of Contract - Clause 66 referral of disputes or differences to the engineer - Whether decision of engineer contractually valid - Existence of dispute for referral - Whether the engineer’s decision was fair - Relevance of Rules of Natural Justice - Scope of the engineer’s decision and of the arbitration proceedings.

[2005] BLR 227

OBG LTD AND ANOTHER v IAN JOHN ALLEN AND OTHERS

Tort - Wrongful interference with contractual relations - Conversion in relation to contractual rights - Invalidly appointed receivers - Assuming control of company’s building contracts - Intention to procure breach of contract.

[2005] BLR 245

CARILLION CONSTRUCTION LIMITED v DEVONPORT ROYAL DOCKYARD

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Scheme for Construction Contracts (England and Wales) Regulations 1998, paragraph 20(c) - Power of adjudicator to award interest. Fairness - Duty to hear both parties - Adjudicator not required to consider matters not relevant to the substance of decision.

[2005] BLR 310

X LTD v Y LTD

Jurisdiction of arbitrators - Arbitration Act 1996 section 67 - Claims relating to two contracts - Both contracts with arbitration clauses - Disputes or differences arising out of or relating to the contract - Claim for contribution relating to another contract - Contractual interpretation.

[2005] BLR 341

CLAIRE & CO LTD v THAMES WATER UTILITIES LTD

Arbitration - Arbitration Act sections 33, 34, 67 and 68 - Applications to court - Jurisdiction - Serious irregularity - Agreed or unchallenged evidence - Arbitrator’s obligation if any to accept - Findings of fact - Application to amend claim.

[2005] BLR 366

WIMBLEDON CONSTRUCTION COMPANY 2000 LIMITED v DEREK VAGO

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Enforcement of adjudicator’s award by summary judgment - CPR Part 24. Grounds for stay of execution on judgment - CPR Part 50, RSC Order 47 - Special circumstances where claimant may be unable to repay sums awarded in later arbitration or litigation.

[2005] BLR 374

RITCHIE BROTHERS (PWC) LTD v DAVID PHILP (COMMERCIALS) LTD

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Scheme for Construction Contracts (Scotland) Regulations 1998 - Paragraph 19 of Scheme - Effect of adjudicator’s failure to reach decision timeously (not later than 28 days after date of referral notice).

[2005] BLR 384

HYUNDAI ENGINEERING AND CONSTRUCTION COMPANY LTD v VIGOUR LTD

Contract - Certainty of terms - Settlement agreement - Agreement to agree - Differences referable to managing directors to negotiate - Reference to unspecified third party mediation procedure - Validity of agreement - Repudiation of the agreement - Unenforceability - Ouster of court’s jurisdiction.

[2005] BLR 416

BAKER & DAVIES PLC v LESLIE WILKS ASSOCIATES

Contribution - Limitation - Civil Liability (Contribution) Act 1978 - Section 1 - Limitation Act 1980 - Section 10 - Right to contribution within two years after agreement to make payment - Payment in kind - Work done payment - Agreement to be in bona fide settlement - Time runs from such agreement.

[2005] BLR 425

McGLINN (IAN) v WALTHAM CONTRACTORS LTD and Others

Pre-Action Protocol for Construction and Engineering Disputes - Claims made at that stage dropped in proceedings - Costs thrown away by defendant - Section 51 of the Supreme Court Act 1981 - Costs of and incidental to the proceedings - Court’s powers - Exceptional circumstances - Unreasonable conduct.

[2005] BLR 432

HENRY BOOT CONSTRUCTION LTD v ALSTOM COMBINED CYCLES LTD

Limitation - Date of accrual of cause of action - ICE Conditions of Contract (6th edition) - Claims under contract for value of work done and materials supplied - Whether causes of action accrued when work done or on issue of interim certificates - Whether claim under clause 46 subject to certification provisions - Whether fresh cause of action accrued on issue of final certificate - When cause of action accrued in respect of claim for interest on sums which should have been certified. Arbitration - Appeals - Leave to appeal to House of Lords where judge-arbitrator - Section 69(8) of the Arbitration Act 1996 - Proper test - Paragraph 4.5 of House of Lords Practice Direction Applicable to Civil Appeals - Leave to appeal against refusal to grant leave to appeal.

[2005] BLR 437

INTENSE INVESTMENTS LTD v DEVELOPMENT VENTURES LTD

Civil Procedure Rules - CPR Part 12.4 - Judgment in default. Civil Procedure Rules - CPR Part 12.4(2)(a) and CPR Part 23 - Requirement to give notice of application for judgment in default for certain remedies. Civil Procedure Rules - CPR Part 13.3 - Setting aside judgment in default - Matters to be considered in exercise of discretion.

[2005] BLR 478

JOHN ROBERTS ARCHITECTS LTD v PARKCARE HOMES (NO 2) LTD

Adjudication - RIBA Conditions of Engagement (CE/99) - Model Adjudication Procedures - Discontinuance of reference by referring party - Adjudicator’s right to make a costs award - Implied terms - Estoppel.

[2005] BLR 484

STOKES PENSION FUND v WESTERN POWER DISTRIBUTION

Costs - CPR Part 36 - CPR Part 36 defendant’s pre-action settlement offer - CPR Part 36 payment not made within 14 days of commencement of proceedings - Whether offer should be taken into account in exercising discretion as to costs - Withdrawal of offer - Effect of withdrawal on costs.

[2005] BLR 497

BRYEN & LANGLEY LTD v MARTIN BOSTON

Adjudication - JCT Contract 1998 Edition, Private with Quantities - Adjudication clause - Whether JCT Conditions incorporated - Unfair terms - Unfair Terms in Consumer Contracts Regulations 1999 - Whether adjudication clause unfair term - Requirement of good faith - Fair and open dealing - Terms imposed by employer - Judge’s summary assessment of costs - Correct approach.

[2005] BLR 508