Building Law Reports

Limitation - Limitation Act 1980, s35(3) - Application to add new cause of action - Date of judgment not application relevant date for purposes of s35(3) - Where leave under s35(1) would assist the plaintiff to avoid a limitation, defence leave to amend should not be given unless the plaintiff can show that the defendant does not have a reasonably arguable case on limitation which will be prejudiced by the new claim

Construction of contract - Relevance of prior negotiations to construction of express terms - Limitation of liability

Contract - Construction - Intention of parties - Incorporation of subcontractors’ conditions and minutes of meeting - Attempt to put upper limit on liability for damages

Insurance - Contractors’ all risks insurance - Whether policy voidable for non-disclosure or misrepresentation where foundation design described in application for insurance was not in the event built - Test for materiality of fact for insurers’ purposes - Construction of insurance policy - Whether risk within the policy

Discovery - Legal professional privilege - Waiver by the bringing of proceedings - Recovery of sums paid to compromise a claim - Privilege in relation to settlement negotiations

Discovery - Legal professional privilege - Waiver by the bringing of proceedings - Recovery of sums paid to compromise a claim - Privilege in relation to settlement negotiations