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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