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BUILDING DESIGN PARTNERSHIP LTD v STANDARD LIFE ASSURANCE LTD
Pleadings – Extrapolation of claims – Strike out application under CPR 3.4(2)(a) and (b).
[2022] BLR 1
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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
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CREST NICHOLSON OPERATIONS LTD AND ANOTHER v GRAFIK ARCHITECTS LTD AND ANOTHER
Striking out – No reasonable grounds – Abuse of process – Lack of particularity – Failure to disclose reasonable grounds for bringing the claim – Need for information request to be made – Need for expert evidence in support.
[2022] BLR 37
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CC CONSTRUCTION LTD v MINCIONE
Application to enforce adjudicator's decision – Part 8 claim for declarations.
[2022] BLR 48
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DOWNS ROAD DEVELOPMENT LLP v LAXMANBHAI CONSTRUCTION (UK) LTD
Validity of Payment Notice – Enforceability of adjudicator's decision – Breach of natural justice – Severability of adjudicator's decision.
[2022] BLR 72
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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
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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
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NAYLOR AND OTHERS v ROAMQUEST LTD AND ANOTHER
Amendments to particulars of claim under CPR r 17.1(2)(b) – Striking out – Real prospect of success – Pleading of case on defects.
[2022] BLR 119
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FAIRGROVE HOMES LTD v MONUMENT TWO LTD
Construction contracts – Enforcement – Adjudicators’ decisions – Tomlin Orders – Interpretation.
[2022] BLR 140
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IDEAL SHOPPING DIRECT LTD AND OTHERS v MASTERCARD INCORPORATED AND OTHERS and IDEAL SHOPPING DIRECT LTD AND OTHERS v VISA EUROPE LTD AND OTHERS
Service – Amendments of claimed forms – Service of unsealed claim forms – Whether outside limitation period – Jurisdiction of the court – CPR Part 7.5 – CPR Part 3.10 – Errors of procedure – Whether capable of rectification.
[2022] BLR 153
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CAMERON TAYLOR CONSULTING LTD AND ANOTHER v BDW TRADING LTD
Application to amend after expiry of limitation period – Limitation Act 1980, sections 14B and 35 – Application of CPR 17.4 – Application to substitute a party – Application of CPR 19.5.
[2022] BLR 183
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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
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EXCESSION TECHNOLOGIES LTD v POLICE DIGITAL SERVICE
Procurement – Limitation – Time-bar – Whether extension should be granted.
[2022] BLR 217
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AVANTAGE (CHESHIRE) LTD AND OTHERS v GB BUILDING SOLUTIONS LTD (IN ADMINISTRATION) AND OTHERS
Damage by fire – Summary judgment – Duty of care – Assumption of responsibility – Economic loss – Physical damage – Acts or omissions.
[2022] BLR 244
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STEVE WARD SERVICES (UK) LTD v DAVIES & DAVIES ASSOCIATES LTD
Adjudication – Adjudicator's fees – Adjudicator resigning – Entitlement to fees – Whether Unfair Contract Terms Act 1977 applied – Bad faith – Whether rate reasonable – Costs.
[2022] BLR 268
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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
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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
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BENKERT UK LTD v PAINT DISPENSING LTD
Limitation of liability – Unfair Contract Terms Act 1977 – Reasonableness.
[2022] BLR 330
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THE PUBLIC INSTITUTION FOR SOCIAL SECURITY v BANQUE PICTET & CIE SA AND OTHERS
Judgment – Draft judgment distributed to parties – Embargo on draft judgment – Breach of embargo.
[2022] BLR 349
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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
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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
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THE RUGBY FOOTBALL LTD v CLARK SMITH PARTNERSHIP LTD AND ANOTHER and F M CONWAY LTD v THE RUGBY FOOTBALL LTD AND ANOTHER
Construction contracts – Insurance – Agency – Interpretation – Contribution – Preliminary issues.
[2022] BLR 381
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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
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AIC LTD v FEDERAL AIRPORTS AUTHORITY OF NIGERIA
Overriding objective – Principle of finality – Relief from sanctions – Enforcement proceedings.
[2022] BLR 419
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ABBEY HEALTHCARE (MILL HILL) LTD v SIMPLY CONSTRUCT (UK) LLP
Adjudication – Collateral warranty – Construction contract – Housing Grants, Construction and Regeneration Act 1996, section 104 – Retrospective effect of collateral warranty.
[2022] BLR 433
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STANDARD LIFE ASSURANCE LTD v GLEEDS (UK) (A FIRM) AND OTHERS
Pleading - Claim for damages - Strike out - Summary judgment on defence - CPR Part 3 and Part 24.
[2022] BLR 464
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ESSENTIAL LIVING (GREENWICH) LTD v ELEMENTS (EUROPE) LTD
Part 8 – Adjudication – Extent to which adjudicator's award concerning interim payment is binding in respect of final account and any later adjudication.
[2022] BLR 473
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MW HIGH TECH PROJECTS UK LTD v GREENHALGH AND OTHERS
Amendment – Particularity – Consolidation – Strike out – Summary judgment.
[2022] BLR 487
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INNOVATE PHARMACEUTICALS LTD v UNIVERSITY OF PORTSMOUTH HIGHER EDUCATION CORPORATION LTD
Security for costs – CPR 25.13 – Relevance of After the Event costs insurance – Policy needs to provide protection – Merits of case and defence.
[2022] BLR 501
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NATIONAL HOUSE-BUILDING COUNCIL v VASCROFT CONTRACTORS LTD
Summary judgment – Strike out – CPR 3.4(2)(a) – CPR 24.1 – Test to be applied.
[2022] BLR 514
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BUCKINGHAM GROUP CONTRACTING LTD v PEEL L&P INVESTMENTS AND PROPERTY LTD
Liquidated damages clauses – Enforceability – Certainty – Partial possession – Liability caps.
[2022] BLR 528
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BARCLAY-WATT AND OTHERS v ALPHA PANARETI PUBLIC LTD AND ANOTHER
Negligent misstatement – Agency – Accessory liability – Personal liability of directors.
[2022] BLR 547
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NICHOLAS JAMES CARE HOMES LTD v LIBERTY HOMES (KENT) LTD
Injunctive relief – Adjudicator's decision – Freezing injunction – Whether good arguable case – Jurisdiction to grant order – Exercise of discretion.
[2022] BLR 566
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SIEMENS MOBILITY LTD v HIGH SPEED TWO (HS2) LTD (BOMBARDIER TRANSPORTATION UK LTD AND HITACHI RAIL LTD, INTERESTED PARTIES)
Evidence – Expert witnesses – Public procurement – Civil procedure.
[2022] BLR 576
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OIL STATES INDUSTRIES (UK) LTD v S LTD AND OTHERS
Tort of bribery – Elements of bribery – Agency – Vicarious liability – Failure to call witnesses – Adverse inference – Other inferences – Best evidence rule – Settlement before judgment handed down.
[2022] BLR 585
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ADVANCE JV (A JOINT VENTURE BETWEEN BALFOUR BEATTY GROUP LTD AND MWH TREATMENT LTD) v ENISCA LTD
Part 8 – Adjudication – Validity of pay less notice.
[2022] BLR 605
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LIVERPOOL CITY COUNCIL v VITAL INFRASTRUCTURE ASSET MANAGEMENT (VIAM) LTD (IN ADMINISTRATION)
Adjudication – Contract – Decision of adjudicator – Breach of natural justice. – Adjudication – Breach of natural justice – Materiality – Enforceability of decision.
[2022] BLR 619
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FTH LTD v VARIS DEVELOPMENTS LTD
Adjudication – Enforcement – Summary judgment – CPR Part 24 – Discretion to grant judgment – Company Voluntary Arrangement – Grounds for refusing judgment – Stay of execution.
[2022] BLR 628
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TJD TRADE LTD v BAM CONSTRUCTION LTD
Amendment – Civil procedure – Breach of contract – Additional claims – Limitation periods.
[2022] BLR 637
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SPECIALIST BUILDING PRODUCTS LTD (TRADING AS PROFILE 22 SYSTEMS) v NEW CENTURY DOORS LTD
Statements of case – Amendments – Limitation – Entire agreement clauses.
[2022] BLR 645