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: MANCHIKALAPATI AND OTHERS v ZURICH INSURANCE PLC (T/A ZURICH BUILDING GUARANTEE AND ZURICH MUNICIPAL) AND EAST WEST INSURANCE COMPANY LTD; Defects insurance – Interpretation – Liability caps – Policy exclusions – Excess credit – Interest.; [2020] BLR 1

: FARRAR AND ANOTHER v RYLATT AND OTHERS; Principles applicable to an appeal on the facts – Challenging finding of fact of a specialist tribunal – Effect of ambiguity in judgment – Appeal of ex tempore judgment – Effect of “subject to contract” tag.; [2020] BLR 42

: LJH PAVING LTD v MEERES CIVIL ENGINEERING LTD; Adjudication – Crystallisation of dispute – Jurisdiction – Part of referred claim arising under another contract – Waiver of jurisdictional challenge.; [2020] BLR 57

: MEADOWSIDE BUILDING DEVELOPMENTS LTD (IN LIQUIDATION) v 12–18 HILL STREET MANAGEMENT COMPANY LTD; Adjudication – Jurisdiction – Liquidation – Utility of adjudication proceedings – Exception to approach in Bresco – Considerations. – Adjudicator's decision – Referring party in liquidation – “Agent” of liquidator – Whether agreement champertous – Whether agreement affects enforcement. – Adjudicator's decision – Summary judgment – Stay of execution.; [2020] BLR 65

: ALSTOM TRANSPORT UK LTD v NETWORK RAIL INFRASTRUCTURE LTD AND SIEMENS MOBILITY LTD, INTERESTED PARTY; Public procurement – Lifting of automatic suspension Utilities Contracts Regulations 2016 (SI 2016 No 274).; [2020] BLR 95

: ISG CONSTRUCTION LTD v ENGLISH ARCHITECTURAL GLAZING LTD; Part 8 proceedings – Declarations sought – Adjudication – Sums ordered by adjudicator paid by party seeking declarations – Nature of declarations sought – Whether court should make declarations.; [2020] BLR 106

: VVB M&E GROUP LTD AND VVB ENGINEERING (UK) LTD v OPTILAN (UK) LTD; Construction contracts – Vesting of title to goods linked to interim payment – Ambiguity in terms of Vesting Certificates – Conflict with terms of sub-subcontract as to vesting of materials.; [2020] BLR 123

: MUNICH RE CAPITAL LTD (SUING AS THE SOLE CORPORATE MEMBER OF MUNICH RE SYNDICATE 457 AT LLOYD’S) v ASCOT CORPORATE NAME LTD (AS SOLE CORPORATE MEMBER OF LLOYD’S SYNDICATE 1414); Reinsurance – Proper construction – Construction where circumstances not objectively envisaged at time of contracting.; [2020] BLR 140

: MANN AND ANOTHER v PATERSON CONSTRUCTIONS PTY LTD; Restitution – Unjust enrichment – Termination – Whether contractor entitled to recover restitution as alternative to claim for damages for breach of contract – Whether contract price operates as ceiling on amount of restitution recoverable.; [2020] BLR 156

: LEJONVARN v BURGESS AND ANOTHER; Costs – Indemnity costs – Part 36 offer – Costs budget.; [2020] BLR 187

: JOHN INNES FOUNDATION AND OTHERS v VERTIV INFRASTRUCTURE LTD (FORMERLY EMERSON NETWORK POWER LTD); Striking out claim – Fire – Freeholder – Tenants – Duty of care – Maintenance company – Reliance – Proximity – Assumption of responsibility – Irrelevance of insurance – Fire Regulations responsibilities.; [2020] BLR 206

: MPB v LGK; Challenge to award under section 67(1)(a) of the Arbitration Act 1996 – Allegation of a lack of jurisdiction – Allegations of absence of arbitration agreement – Incorporation of standard terms – Reliance on incorporation in a previous adjudication – Approbation and reprobation.; [2020] BLR 222

: GOLDMAN AND OTHERS v ZURICH INSURANCE PLC AND ANOTHER; Abuse of process – Previous proceedings – Strike out application – Claim in fraud against different defendant – Fraud claim made in original proceedings against different defendant – Whether new claim could and/or should have been brought in earlier proceedings – Requirements to plead fraud – Whether new claim should proceed to trial.; [2020] BLR 236

: HOCHTIEF (UK) CONSTRUCTION LTD AND ANOTHER v ATKINS LTD; Consequences of claimant's Part 36 offer – CPR 36.17 – Consequential orders – Whether unjust to make orders sought – Whether issue based or proportional cost order appropriate – Increase of costs above approved cost budget – Payment on account of costs – CPR 44.2(8).; [2020] BLR 260

: JALLA AND OTHERS v ROYAL DUTCH SHELL PLC AND OTHERS; Oil spills off Nigerian coast – Claims by coastal residents and communities – Negligence and nuisance – Substitution of party – Amendment – Limitation – New evidence – Deliberate concealment – Estoppel by convention – Substitution of new party where party named was a mistake – CPR r 19.5.3(a) – Service out of jurisdiction – Overlapping cases in Nigeria – Whether a stay of English proceedings necessary – Material non-disclosure.; [2020] BLR 267

: YUANDA (UK) COMPANY LTD v MULTIPLEX CONSTRUCTION EUROPE LTD (FORMERLY KNOWN AS BROOKFIELD MULTIPLEX CONSTRUCTION EUROPE LTD) AND ANOTHER; Whether guarantee a performance or on-demand bond – Requirements for valid call on bank as guarantor – Continuation or discharge of interim injunction.; [2020] BLR 320

: BLACKPOOL BOROUGH COUNCIL v VOLKERFITZPATRICK LTD AND OTHERS; Expert evidence – Interlocutory application for expert evidence to be excluded as inadmissible for lack of independence – Whether giving unilateral instructions to testing house was breach of expert's duties under CPR Part 35 – Whether jointly instructed testing house was single joint expert – Whether expert had duty to notify counterparts of tests it had procured.; [2020] BLR 340

: PBS ENERGO AS v BESTER GENERACION UK LTD; Adjudication enforcement – Allegations of fraud emerging after the adjudication – Whether the pleading out of allegations of fraud in a Defence is a condition precedent to raising such allegations – Whether in the absence of a Defence pleading fraud the correct course is to enforce with the option of staying execution.; [2020] BLR 355

: C SPENCER LTD v M W HIGH TECH PROJECTS UK LTD; Adjudication – Construction operations – Non-construction operations – Payment notice – No need to differentiate the operations. – Housing Grants, Construction and Regeneration Act 1996 (as amended), sections 104, 105, 108, 110, 110A, 111 and 114. – IChemE Form of Contract for Civil Engineering subcontract.; [2020] BLR 364

: ENDURANCE CORPORATE CAPITAL LTD v SARTEX QUILTS AND TEXTILES LTD; Insurance – Damages – Property damage – Measure of loss – Reinstatement – Intention to reinstate – Betterment.; [2020] BLR 379

: HUDSON CONTRACT SERVICES LTD v THE CONSTRUCTION INDUSTRY TRAINING BOARD; Industrial Training Act 1982 – Industrial Training (Construction Board) Order 1964 (SI 1964 No 1079) – Industrial Training Levy (Construction Industry Training Board) Order 2015 (SI 2015 No 701) – Construction Industry Training Board Levy – Company contracting with self-employed operatives to carry out construction activities for others – Whether company is an “employer in the construction industry” – Whether head office is a “construction establishment”.; [2020] BLR 396

: LUNGOWE AND OTHERS v VEDANTA RESOURCES PLC AND ANOTHER; Group litigation order – Relevant principles in decision whether to order proceedings to be heard together under a GLO – Exercise of case management powers under CPR Part 19 and PD19B.; [2020] BLR 410

: MUNCIPIO DE MARIANA AND OTHERS v BHP GROUP PLC (FORMERLY BHP BILLITON); Application to adjourn hearing date – Principles to be applied when delay caused by difficulties resulting from Covid-19 outbreak – Whether remote hearing appropriate.; [2020] BLR 421

: A COMPANY v X AND OTHERS; Experts – Confidentiality.; [2020] BLR 433

: HALL (IN HIS OWN RIGHT AND AS ASSIGNEE OF 1ST CLASS LEGAL (IS) LTD) v SAUNDERS LAW LTD AND OTHERS; Litigation funding – Duties upon solicitors to advise funder – Terms of funding agreement – Tort of deceit.; [2020] BLR 445

: DOWMAN IMPORTS LTD v 2 TOOBZ LTD; Unjust enrichment – Restitution – Services rendered in anticipation of a contract that does not materialise – Services requested or accepted – Services without end products – Incontrovertible benefits – Claim for restitution in respect of services rendered by a third party.; [2020] BLR 465

: WEST KOWLOON CULTURAL DISTRICT AUTHORITY v AIG INSURANCE HONG KONG LTD; Bonds – Formalities of demand – Allegations of fraudulent demand – Bona fide opinion of default and amount of loss.; [2020] BLR 485

: BRESCO ELECTRICAL SERVICES LTD (IN LIQUIDATION) v MICHAEL J LONSDALE (ELECTRICAL) LTD; Adjudication claim bought by liquidator – Effects of set-off under the Insolvency (England and Wales) Rules 2016 (SI 2016 No 1024) on adjudicator's jurisdiction to determine dispute – Whether injunction should be granted to restrain further continuation of the adjudication – Right to refer disputes under section 108 of the Housing Grants, Construction and Regeneration Act 1996 by insolvent party.; [2020] BLR 497

: TAYLOR WIMPEY UK LTD v HARRON HOMES LTD; Pre-action disclosure – CPR 31.16 – Expert determination process in contract – Documents available in such process – Prior pre-action protocol process – Documents not sought in that process – Likelihood or not of litigation disclosure stage ever being reached – Non-engagement in agreed ADR process – Discretion.; [2020] BLR 514

: ISG CONSTRUCTION LTD v PLATFORM INTERIOR SOLUTIONS LTD; Adjudication – Enforcement adjudicator's decision – CPR Part 8 – Hutton exceptions – Interrelationship between adjudication enforcement and consideration of legal issues under Part 8.; [2020] BLR 525

: J & B HOPKINS LTD v TRANT ENGINEERING LTD; Adjudication enforcement – The “correction principle” that interim payments can be corrected in the next payment cycle – Effect of subsequent payment cycles on no pay less notice adjudication decision.; [2020] BLR 534

: ORAN ENVIRONMENTAL SOLUTIONS LTD AND ANOTHER v QBE INSURANCE (EUROPE) LTD AND ANOTHER; Claim form – Service within jurisdiction – Methods of service – Service by email – Service on solicitors – Consent orders extending time for service – Whether claim form effectively served during temporal validity – Application for extension of time for service of the claim form.; [2020] BLR 544

: EMPYREAL ENERGY LTD v DAYLIGHTING POWER LTD; Expert determination – Jurisdiction of expert – Contract determines matters referable to Expert – Substance of Referral Notice.; [2020] BLR 555

: NAZIRALI SHARIF TEJANI v FITZROY PLACE RESIDENTIAL LTD AND ANOTHER; Pleadings – Statement of case – Civil Procedure Rules Part 3.4.2(a) and 3.4.2(b).; [2020] BLR 571

: KEW HOLDINGS LTD v DONALD INSALL ASSOCIATES LTD; Application for strike-out – Alleged abuse of process to bring proceedings without first paying adjudication award in respect of the same subject matter – Non-payment of adjudicator's decision and court order enforcing it constitutes unreasonable and oppressive behaviour – Stay of proceedings pending payment.; [2020] BLR 578

: RUSHBOND PLC v THE JS DESIGN PARTNERSHIP LLP; Fire damage – Duty of care – Obligations of visitor to property owner to prevent loss caused by third party – Strike-out under CPR 3.4(2) – RSC 24.1 summary judgment.; [2020] BLR 587

: LANE END DEVELOPMENTS CONSTRUCTION LTD v KINGSTONE CIVIL ENGINEERING LTD; Adjudication – Scheme for Construction Contracts – Jurisdiction – Request for appointment of adjudicator – Later Notice of Adjudication – Covert recording – Admissibility – Procedural unfairness – Human Rights – General Data Protection Regulation – Election – Waiver.; [2020] BLR 599

: HART AND HART v LARGE AND OTHERS; Stay of execution pending appeal.; [2020] BLR 617

: WRW CONSTRUCTION LTD v DATBLYGAU DAVIES DEVELOPMENTS LTD; Adjudication – Final account – Enforcement of declaration of final account value in favour of responding party – Whether further adjudication required – Stay of execution.; [2020] BLR 623

: ENGIE FABRICOM (UK) LTD v MW HIGH TECH PROJECTS UK LTD; Adjudication – Jurisdiction – Primary activity power generation or waste treatment – Housing Grants, Construction and Regeneration Act 1996, section 105(2)(c).; [2020] BLR 631

: JIANGSU GUOXIN CORPORATION LTD (FORMERLY KNOWN AS SAINTY MARINE CORPORATION LTD) v PRECIOUS SHIPPING PUBLIC CO LTD; Arbitration appeal – Arbitration Act 1996, section 69 – Prevention principle – Whether contract provided for buyer's breach – Entitlement to extension of time.; [2020] BLR 653

: JOHN DOYLE CONSTRUCTION LTD (IN LIQUIDATION) v ERITH CONTRACTORS LTD; Adjudication – Enforcement of adjudicator's decision – Enforcing party in liquidation – Cross-claims – Summary judgment – Stay of execution.; [2020] BLR 671

: DAEWOO SHIPBUILDING AND MARINE ENGINEERING COMPANY LTD v SONGA OFFSHORE EQUINOX LTD AND SONGA OFFSHORE ENDURANCE LTD; Arbitration – Challenge to arbitral awards – Permission to appeal under Arbitration Act 1996, section 69 – Serious irregularity under Arbitration Act 1996, section 68.; [2020] BLR 701

: ESSEX COUNTY COUNCIL v UBB WASTE (ESSEX) LTD; Costs – Validity of Part 36 offer – Whether judgment at least as advantageous as offer – Indemnity costs – Reduction to reflect partial success in litigation. – Interest on damages.; [2020] BLR 729

: ENERGY WORKS (HULL) LTD v MW HIGH TECH PROJECTS UK LTD AND OTHERS; Assignment - Contractual rights - Whether benefit of rights accrued prior to assignment are transferred - Whether purported assignment takes effect as novation - Contribution - Civil Liability (Contribution) Act 1978 - Termination - Delay - Defects - Cost of completion - Whether “same damage” - Civil procedure - Preliminary issues; [2020] BLR 747

: KEADBY GENERATION LTD v PROMANEX (TOTAL FM & ENVIRONMENT SERVICES) LTD AND ANOTHER; Amendments – Late application – Principles applicable to late amendments – Explanation for not applying earlier – Strength of the new case – No prejudice to the other party.; [2020] BLR 771

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