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MERIT HOLDINGS LTD v MICHAEL J LONSDALE LTD

CPR Part 8 – Declarations – Substance of claim – Whether adjudication business – Whether TCC Guide followed – Disputes of fact – Determining contractual terms.

[2018] BLR 14

THE ROYAL DEVON & EXETER NHS FOUNDATION TRUST v ATOS IT SERVICES UK LTD

Contract – Limitation of liability – Consequential damages – Exclusion of liability – Points of construction – Appeal from findings on preliminary issues. – Appeal – Permission to appeal – Whether new case sought to be argued on appeal – Whether permission should be granted.

[2018] BLR 90

BURNSIDE v PROMONTORIA (CHESTNUT) LTD

Contract – Implied term that it be performed “within a reasonable time” – Whether excluded by entire agreement clause – Whether necessary to stipulate what was a reasonable time.

[2018] BLR 111

SYSTEMS PIPEWORK LTD v ROTARY BUILDING SERVICES LTD

Payment notices – Final account – Validity – Whether document notifies the “proper amount due for payment” – Whether adjudication notice constitutes notice of “dissent” from notification of amount due.

[2018] BLR 123

VICTORY HOUSE GENERAL PARTNER LTD v RGB P&C LTD

Adjudication – Natural justice – New points raised by adjudicator – Parties given opportunity to respond – Part 8 proceedings – Inappropriate where factual issues exist.

[2018] BLR 133

GLEN WATER LTD v NORTHERN IRELAND WATER LTD

Contractors’ claims – Compensation events – Notice requirements – Conditions precedent – Interpretation of notices – Whether notice of compensation event claim given.

[2018] BLR 141

INTERACTIVE E SOLUTIONS JLT AND ANOTHER v O3B AFRICA LTD

Contract – Exclusion clause – Interpretation of the exclusion clause – Whether a claim for damages fell within the fraud proviso – What comprises relevant fraud to bring a claim within the fraud proviso.

[2018] BLR 167

GROVE DEVELOPMENTS LTD v S&T(UK) LTD

Notices – Contractual requirements – Whether strictly satisfied. – Adjudication – Enforcement – Separate adjudication regarding “true” value of interim application.

[2018] BLR 173

PROBUILD CONSTRUCTIONS (AUST) PTY LTD v SHADE SYSTEMS PTY LTD AND ANOTHER

Administrative Law – Judicial review – Certiorari – Whether error of law on face of record – Whether adjudicator's decision amenable to relief – Whether Building and Construction Industry Security of Payment Act 1999 (NSW) ousted jurisdiction of Supreme Court under Supreme Court Act 1970 (NSW).

[2018] BLR 201

EL GAMAL v SYNERGY LIFESTYLE LTD

Costs – Part 36 offers – Part payments on account of liability – Whether part payment reduces the amount of an earlier Part 36 offer.

[2018] BLR 246

PHONES 4U LTD (IN ADMINISTRATION) v EE LTD

Contract – Termination of contract for breach – Notice of termination under contractual provisions – Subsequent reliance on repudiatory breach – Damages for loss of bargain.

[2018] BLR 255

CLIN v WALTER LILLY & CO LTD

JCT Standard Building Contract with Quantities (2005 Edition, Revision 2) – Implied terms – Incidence of responsibility for planning permits and consents – Scope of implied obligation in relation to planning permits and consents – Allocation of risk of failure to obtain required permissions and consents.

[2018] BLR 321

BUBBLES & WINE LTD v LUSHA

Court proceedings – Bias apparent or actual – Objective test of fair-minded and informed observer – Seeing one side's counsel – Expression of preliminary or provisional views – Judge's request that such views be passed on – Judge's emails to parties thereafter.

[2018] BLR 341

GOSVENOR LONDON LTD v AYGUN ALUMINIUM UK LTD

Enforcement of an adjudicator's decision – Challenge to enforcement on the grounds of fraud – Application for a stay – Applicable principle where risk claimant would organise its affairs for the purpose of avoiding repayment of adjudication sum.

[2018] BLR 353

HALLIBURTON COMPANY v CHUBB BERMUDA INSURANCE LTD AND OTHERS

Arbitration – Arbitrators – Bias apparent or actual – Objective test of fair-minded and informed observer – Arbitrator's appointment in multiple references – Same or overlapping subject matter – Need for disclosure – Circumstances which may give rise to justifiable doubts as to his impartiality – Consequences of non-disclosure – IBA Guidelines – Arbitration Act 1996 section 24(1)(a).

[2018] BLR 375

PROBUILD CONSTRUCTIONS (AUST) PTY LTD v DDI GROUP PTY LTD

Adjudication – Construction contract – Australia – Building and Construction Industry Security of Payment Act 1999 (NSW) – Set-off for liquidated damages – Entitlement to extension of time – Possible act of prevention – Scope of what was referred to adjudication – Breach of natural justice – Rough justice – Analysis of adjudication submissions on pragmatic non-legalistic basis.

[2018] BLR 415

ROCK ADVERTISING LTD v MWB BUSINESS EXCHANGE CENTRES LTD

“No oral modification” clauses – Whether legally effective – Whether “no oral modification” clauses can be varied orally – Whether intention to vary a “no oral modification” clause is implied from an attempted oral variation of substantive obligations – Analogy with “entire agreement” clauses – Estoppel. – Variations – Consideration – Promises to perform existing obligations – Whether an agreement to pay less or the same money is supported by consideration.

[2018] BLR 479

GOODLIFE FOODS LTD v HALL FIRE PROTECTION LTD

Unfair Contract Terms Act 1977 – Sections 2 and 11 and Schedule 2 – Fire – Exclusion clause – Claim in negligence and breach of statutory duty – Bringing notice of exclusion clause to the attention of the customer – Effect on remainder of clause – Reasonableness of clause.

[2018] BLR 491

NORTH MIDLAND BUILDING LTD v CYDEN HOMES LTD

Acts of prevention - JCT Design and Build Contract 2005 - Extension of time - Concurrent delay caused by Contractor - Clause requiring such concurrent delays to be disregarded enforceable - Implied term preventing imposition of liquidated damages.

[2018] BLR 565

VINCI CONSTRUCTION UK LTD v BEUMER GROUP UK LTD

Adjudication – Breach of natural justice – Inconsistent findings with previous decisions – Failure to give reasons for decision – Failure to order disclosure of material from another adjudication in which an inconsistent case was allegedly advanced.

[2018] BLR 575

MICHAEL J LONSDALE (ELECTRICAL) LTD v BRESCO ELECTRICAL SERVICES LTD (IN LIQUIDATION)

Adjudication – Insolvency set-off – Whether company in liquidation can refer dispute to adjudication where dispute includes determination of claim for further sums said to be due to referring party from responding party – Insolvency Rules 1986 (SI 1986 No 1925), rule 4.90 – Insolvency Rules (England and Wales) 2016 (SI 2016 No 1024), rule 14.25.

[2018] BLR 593

HODGSON v NATIONAL HOUSE BUILDING COUNCIL

NHBC Scheme – Claim under Buildmark Policy – Settlement agreement of claim by householder – CPR Part 24 – Summary judgment sought on defence – CPR Part 3(4) – Strike out of claimant's statement of case – Whether there was a recoverable loss – previously litigated claims – abuse of process.

[2018] BLR 663

BILFINGER CONSTRUCTION UK LTD v THE EDINBURGH TRAM INQUIRY

Public inquiry – Confidential information – Challenge to refusal to give restriction order – Whether decision contrary to duty of fairness in Inquiries Act 2005, section 17(3) – Whether decision unlawful interference with possessions under A1P1 – Whether decision rational.

[2018] BLR 698

PALMER BIRCH (A PARTNERSHIP) v LLOYD AND ANOTHER

Economic torts – Inducing breach of contract – Unlawful interference – Failure to fund contracting party – Distinction between mere prevention and inducement – Unlawful means conspiracy – Effect of corporate veil on claims against directors for conspiracy – Conversion.

[2018] BLR 722

BOND v MACKAY AND OTHERS

Arbitration – Jurisdiction – Scope of referred dispute – Interpretation of referral document – Factual background to be considered.

[2018] BLR 768

CLEVELAND BRIDGE UK LTD v SARENS (UK) LTD

Final determination of a dispute about the terms of a subcontract – Following the decision of an adjudicator – The claimant sought declaratory relief to resolve the dispute.

[2018] BLR 778