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SHAWTON ENGINEERING LTD v DGP INTERNATIONAL LTD AND ANOTHER

[2006] BLR 1

Delay - Whether notice making time of the essence - Whether respondent in breach at time of notice - Mode of calculating reasonable time.

CARILLION CONSTRUCTION LTD v DEVONPORT ROYAL DOCKYARD LTD

[2006] BLR 15

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Scheme for Construction Contracts (England and Wales) Regulations 1998, para 20(c) - Power of adjudicator to award interest. Fairness - Duty to hear both parties - Adjudicator not required to consider matters not relevant to the substance of decision.

NORTHUMBRIAN WATER LTD v BRITISH TELECOMMUNICATIONS PLC

[2006] BLR 38

Pre-action Disclosure - CPR Part 31.16 - Whether categories of documents disclosable in standard disclosure - Whether desirable to order disclosure.

WATES CONSTRUCTION LTD v HGP GREENTREE ALLCHURCH EVANS LTD

[2006] BLR 45

Indemnity costs - Principles upon which awarded - Unreasonable conduct - More than merely wrong or misguided - Falling short of morally condemnatory conduct - Point from which absence of case clear - Indemnity costs awarded thereafter.

LMS INTERNATIONAL LTD AND OTHERS v STYRENE PACKAGING AND INSULATION LTD AND OTHERS

[2006] BLR 50

Indemnity costs - Principles upon which awarded - Unreasonable conduct - More than merely wrong or misguided - Falling short of morally condemnatory conduct - Refusal to mediate - Failure to disclose documents - Attack on experts - Defence misguided but not lacking in good faith.

CITY & GENERAL (HOLBORN) LTD v AYH PLC

[2006] BLR 55

Arbitration - Appointment of arbitrator by court - Arbitration Act 1996, section 18 - Building contract - Deeds of appointment of project manager/quantity surveyor - Arbitration clauses - Deeds requiring substantially the same or corrected issues to be referred to arbitrator appointed under building contract - Court’s discretion.

CAPTIVA ESTATES LTD v RYBARN LTD (In Administration)

[2006] BLR 66

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Paragraph 6 of the Construction Contracts Exclusion Order 1998, SI 1998 No 648 Development Agreement - Meaning of relevant interest in land - Option.

BELLA CASA LTD v VINESTONE LTD & ORS

[2006] BLR 72

Breach of contract - Defective Premises Act 1972, section 1 - Damages - Loss of use of property - Interest on capital lying idle.

THE WETHERED ESTATE LTD v MICHAEL DAVIS & ORS

[2006] BLR 86

Costs - Failure to mediate - Whether failure unreasonable.

ROBERT CUNNINGHAM & ORS v COLLETT & FARMER

[2006] BLR 97

Costs - Summary assessment of costs - CPR Part 44.4 - Assessment on standard basis - Whether costs reasonable and proportionate.

JOHN ROBERTS ARCHITECTS LTD v PARKCARE HOMES (No 2) LTD

[2006] BLR 106

Adjudication - CIC’s Model Adjudication Procedure 3rd Edition - Legal costs and expenses - Adjudicator’s powers - Express discretion to award costs “as part of” his decision - Claimant withdraws adjudication claim - Decision on costs alone.

SCHELDEBOUW BV v St JAMES HOMES (GROSVENOR DOCK) LTD

[2006] BLR 113

Contract - Construction - Construction manager - Identity of construction manager - Independence - Appointment of employer as construction manager.

EQ PROJECTS LIMITED v JAVID ALAVI (trading as MERC LONDON)

[2006] BLR 130

Costs - Pre-action offers - CPR Part 36 - Assessment of costs - Indemnity costs.

ALFRED McALPINE CAPITAL PROJECTS LTD v SIAC CONSTRUCTION (UK) LTD & OTHERS

[2006] BLR 139

Procedure - Pre-Action Protocol for Construction and Engineering Disputes - Application to parties brought into a multi-party action - Application for a stay.

P4 LTD v UNITE INTEGRATED SOLUTIONS PLC

[2006] BLR 150

Insolvency of sub-contractor - Ownership of sub-sub-contractor’s goods in possession of contractor - Conversion of sub-sub-contractor’s goods. Factors Act 1889, section 9 - Agreement for a disposition of goods - Whether sufficient to transfer title to goods. Sale of Goods Act 1979, section 25(1) - Delivery of goods under a disposition - Whether sufficient to transfer title to goods.

DONNELLY (PHILIP) & ORS v WEYBRIDGE CONSTRUCTION LTD

[2006] BLR 158

Land Registration Act 2002 - Entitlement to register notice for lien - Disputed lien - Court’s power to vacate unilateral notice.

MELVILLE DUNDAS LTD v GEORGE WIMPEY LTD and another

[2006] BLR 164

Standard JCT Building Contract Conditions (1998) - Scottish with Design (Jan 2000 Revision) - Clauses 27 and 30 - Determination of contractor’s employment - Housing Grants, Construction and Regeneration Act 1996 - Sections 109-111 - No withholding notices - Impact of delayed clause 27 payment provisions.

SCRABSTER HARBOUR TRUST v MOWLEM PLC trading as MOWLEM MARINE AND a trading division of MOWLEM PLC v SCRABSTER HARBOUR TRUST

[2006] BLR 176

Arbitration - Construction of arbitration clause - Requirements of Notice to Refer - Whether Notice valid.

OVE ARUP & PARTNERS INTERNATIONAL LTD & ANOR v MIRANT ASIA-PACIFIC CONSTRUCTION (HONG KONG) LTD & ANOR

[2006] BLR 187

Appeal - Appeal on fact - Approach of Court of Appeal to appeal on finding of fact in complicated technical case by specialist judge of TCC. Negligence - Duty of care - Scope of design obligations - Whether designer obliged to verify design assumptions for foundations.

SCRABSTER HARBOUR TRUST v MOWLEM PLC TRADING AS MOWLEM MARINE AND MOWLEM PLC TRADING AS MOWLEM MARINE v SCRABSTER HARBOUR TRUST

[2006] BLR 207

Arbitration - Construction of arbitration clause - Requirements of Notice to Refer - Whether Notice valid.

PERKINS (ALAN AND PAULINE) v DEVORAN JOINERY COMPANY LTD & ORS

[2006] BLR 218

Abuse of process - Strike out of claim brought in second set out proceedings - Claim based on deceit.

CAPITAL STRUCTURES PLC v TIME & TIDE CONSTRUCTION LTD

[2006] BLR 226

Duress - Economic duress - Settlement agreement - Contract voidable - Effect on adjudication agreement - Whether adjudication agreement survives where duress exists.

CO-OPERATIVE GROUP (CWS) LTD v STANSELL LTD and another

[2006] BLR 233

Assignment - Contractual covenant against assignment without employer’s consent - JCT Contract clause 18.1.1 - Industrial and Provident Societies Act 1965 section 51(1) - Transfer under Act of liabilities and obligations - Employer resolves to effect transfer - Transferee resolves to accept transfer - No consent to transfer by contractor - Validity and effectiveness of transfer.

SMITH, PETER v KVAERNER CEMENTATION FOUNDATION LTD (BAR COUNCIL intervening)

[2006] BLR 244

Appearance of bias - Judge hearing matter where a party previously a client - Whether an appearance of bias arises from counsel and judge being members of same chambers. Waiver of objection to judge - Requirements for valid waiver of objection to judge hearing case - Role of counsel in advising on waiver of objection. CPR Rule 3.9 - CPR Rule 52.4 - Extension of time for application for permission to appeal - Whether right to a fair trial pursuant to article 6 European Convention on Human Rights outweighed potential effect on defendant of a retrial.

ERDC GROUP LTD v BRUNEL UNIVERSITY

[2006] BLR 255

Letter of intent - Whether contract concluded. Unjust enrichment - Measure of enrichment - Whether enrichment to be measured on basis of JCT valuation rules - Allowance for time-related costs - Relevance of quality of work undertaken.

ROHDE, MARTIN (trading as M ROHDE CONSTRUCTION) v MARKHAM-DAVID, NICHOLAS

[2006] BLR 291

CPR Part 13 - Setting aside judgment in default - Reasonable prospects of resisting enforcement of adjudicator’s decision - Breach of natural justice - Effect of failure to contact defendant when possible - Ignorance of defendant of adjudication.

TFW PRINTERS LTD v INTERSERVE PROJECT SERVICES

[2006] BLR 299

Insurance - JCT Agreement for Minor Building Works (1993 edition) - Clause 6.3B - Employer’s obligation to insure in joint names of employer and contract - Whether obligation continued between practical completion and end of defects liability period obligations.

SHINEDEAN LTD v ALLDOWN DEMOLITION (LONDON) LTD

[2006] BLR 309

Insurance contract - Clause requiring provision of information and assistance by insured - Whether provision of information and assistance was a condition precedent to insurer’s liability under insurance contract - Whether failure to provide information and assistance within a reasonable time was a breach - Whether insurer required to show prejudice caused by failure to provide information and assistance within a reasonable time.

KIER REGIONAL LTD (T/A WALLIS) v CITY & GENERAL (HOLBORN) LTD

[2006] BLR 315

Adjudication - Evidence - Failure to consider evidence - Whether breach of natural justice - Enforcement.

(1) MIDLAND EXPRESSWAY LTD (t/a as M6 toll) (2) SECRETARY OF STATE FOR TRANSPORT v (1) CARILLION CONSTRUCTION LTD (2) ALFRED MCALPINE CONSTRUCTION LTD (3) BALFOUR BEATTY GROUP LTD (4) AMEC CAPITAL PROJECTS LTD (No. 3)

[2006] BLR 325

Adjudication - Claim not pursued - Whether dispute capable of determination still exists - Ability of party to withdraw claim from adjudication.

TECHNOTRADE LTD v LARKSTORE LTD

[2006] BLR 345

Assignment of cause of action - Breach of contract - Loss of assignee occurring before assignment - Larger loss than recoverable by assignor - Accrual of cause of action - Black hole - Court’s approach.

HARLOW & MILNER LTD v LINDA TEASDALE

[2006] BLR 359

Order for sale of property - Adjudication decision against defendant - CPR rule 72.10 - Jurisdiction - Right to be heard - Discretion to order sale - Effect of pending arbitration - Whether stay should be ordered.

REDWORTH CONSTRUCTION LTD v BROOKDALE HEALTHCARE LTD

[2006] BLR 366

Adjudication - Jurisdiction - Whether contract incorporated JCT terms - Whether contract in writing - Election - Whether claimant entitled to put case on different basis from basis on which put in adjudication.

(1) TAYLOR WOODROW HOLDINGS LTD (2) GEORGE WIMPEY SOUTHERN COUNTIES LTD v BARNES & ELLIOTT LTD

[2006] BLR 377

Arbitration Act 1996, section 45 - Application to determine question of law arising during the course of arbitral proceedings. Arbitration Act 1996, section 45(2)(a) - Whether court has a discretion to refuse application when made by agreement of the parties - Matters to be taken into account in exercise of discretion. JCT Standard form of building contract 1998 edition with contractor’s design - Whether obligation of contractor to complete design and carry out and complete works limited by qualifications made to tender.

MONAVON CONSTRUCTION LTD v SIMON AND ANGELIKA DAVENPORT

[2006] BLR 389

Costs - CPR 44.3 - Pre-Action protocol - Offers to settle - Effect of late amendment - Reduction of claims - No agreement on single joint expert - Net judgment balance small - No order as to costs.

MAGGS v MARSH & ANOTHER

[2006] BLR 395

Partly oral contract - Dispute as to terms - Whether court entitled to have regard to parties’ subsequent conduct in determining that dispute.

MICHAEL MOON v PAUL JAMES GARRETT and OTHERS

[2006] BLR 402

Occupiers Liability Act 1957 - Construction (Health, Safety and Welfare) Regulations 1996 - Personal injuries - “Construction work” - “Person at work” - Costs - Discretion - Sanderson order - Bullock order.

NORBROOK LABORATORIES LTD v (1) A TANK (2) MOULSON CHEMPLANT LTD

[2006] BLR 412

Arbitration - Arbitration Act 1996 - Sections 24 and 68 - Application for removal of arbitrator and setting aside of award for serious irregularity - Direct unilateral contact of arbitrator with parties and witnesses.

MARIA SWEENEY v BOYLAN NOMINEES PTY LIMITED Trading as QUIRKS REFRIGERATION

[2006] BLR 440

Negligence - Vicarious liability - Independent contractor - Liability on party engaging him for negligent act. Independent contractor - Relationship with “employer” company - Whether “representative” of company - Agency - Representative agency.

MAJORSTAKE LTD v MONTY CURTIS

[2006] BLR 461

Statutory construction - Leasehold Reform, Housing and Urban Development Act 1993 - Right of tenant to obtain new lease of extended duration - Section 47(2) - Redevelopment by landlord of “any premises in which the flat is contained” - Whether another single flat proximate to tenant’s flat sufficient to qualify as “any premises”.

MELVILLE DUNDAS LTD v HOTEL CORPORATION OF EDINBURGH LTD

[2006] BLR 474

Set off - Retention - Settlement agreement - Balancing of accounts on insolvency - Parole evidence admissibility - Exclusion of common law and statutory rights by agreement - Whether express words required - Construction of agreement - Housing Grants, Construction and Regeneration Act 1996, section 111 - Whether agreement construction contract under Act.

IAN McGLINN v WALTHAM CONTRACTORS LTD and OTHERS (No 2)

[2006] BLR 489

Oral evidence - Video link - CPR 32 Practice Direction - Wide discretion - Prejudice to the other parties - Logistical difficulties - Importance of the oral evidence - Real risk of tax liability if witness attended in person.

AIRD v PRIME MERIDIAN LTD

[2006] BLR 494

Privilege - Without prejudice communications - Experts - Statement agreed between experts prior to mediation - Whether protected by without pre-qjjudice privilege - Whether abuse of privilege.

ALISON R PERRIN WILLIAM S RAMAGE v NORTHAMPTON BOROUGH COUNCIL FREDERICK HARRY SHEPHARD SANDRA SHEPHARD

[2006] BLR 504

Town and Country Planning Act 1990, section 198(6) - Protection of trees - Tree Preservation Order - Exemption to Tree Preservation Order - Whether necessary for prevention or abatement of nuisance.

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