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                                                EUROCOM LTD v SIEMENS PLC
                                                
                                            
                                            
                                    
                                                [2015] BLR 1
                                            
                                            Adjudication – Request for nomination of adjudicator – RICS form – Identification of named adjudicators with conflicts – Possible fraudulent misrepresentation – Implied term not to subvert nomination process – Vitiation of adjudicator’s appointment – Overlap between decisions in two adjudication decisions.
                                        
                                            
                                                NATS (SERVICES) LTD v GATWICK AIRPORT LTD DFS DEUTSCHE FLUGSICHERUNG GMBH (INTERESTED PARTY)
                                                
                                            
                                            
                                    
                                                [2015] BLR 19
                                            
                                            Public procurement – Implementation of European Directive 2007/66/EC – Automatic suspension of tender process or equivalent injunction already in place until trial – Pleadings – Amendment of pleadings – application to strike out – Principles applicable to tenders under EC Regulations and whether duty in relation to “abnormally low” tenders – Expedited trial due to issues – Lack of time prior to trial and effect of amendment.
                                        
                                            
                                                RENDLESHAM ESTATES PLC AND OTHERS v BARR LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 37
                                            
                                            Defective Premises Act 1972 – Meaning of “dwelling”, “in connection with the provision of a dwelling” and “fitness for habitation” – Measure of damages in respect of common parts – Damages for blight – Damages for inconvenience and distress.
                                        
                                            
                                                M T HØJGAARD A/S v E.ON CLIMATE AND RENEWABLES UK ROBIN RIGG EAST LTD AND ANOTHER
                                                
                                            
                                            
                                    
                                                [2015] BLR 55
                                            
                                            Variation Orders under contract – Interpretation of Variation Order – Change in the method of working – Valuation of omitted works – Whether circumstances in which variation was issued were to be taken into account in construing contract.
                                        
                                            
                                                WEATHERFORD GLOBAL PRODUCTS LTD v HYDROPATH HOLDINGS LTD AND OTHERS
                                                
                                            
                                            
                                    
                                                [2015] BLR 69
                                            
                                            Contract – Breach of warranty – Misuse of know-how and confidential information – Inducing breach of contract – Abuse of process – Directors obligations under Companies Act 2006, sections 172 and 175.
                                        
                                            
                                                PT PERUSAHAAN GAS NEGARA (PERSERO) TBK v CRW JOINT OPERATION (INDONESIA)
                                                
                                            
                                            
                                    
                                                [2015] BLR 119
                                            
                                            Dispute adjudication board – FIDIC Red book – Binding nature of decision – Reviewable in arbitration – Enforceability of DAB decision – International Arbitration Act 2002 (Singapore) – Jurisdiction of arbitrators to issue interim award – Breach of natural justice rules.
                                        
                                            
                                                SAVOYE AND SAVOYE LTD v SPICIERS LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 151
                                            
                                            Adjudication – Enforcement of adjudicator's decision – “Construction operations” – Housing Grants, Construction and Regeneration Act 1996, section 105 – [Fixtures] – “Form part of the land”.
                                        
                                            
                                                GARY KITT AND EC HARRIS LLP v THE LAUNDRY BUILDING LTD AND ANOTHER
                                                
                                            
                                            
                                    
                                                [2015] BLR 170
                                            
                                            Adjudication – Jurisdiction – Attempt by referring party to confine dispute – Natural justice – Adjudicator's fees.
                                        
                                            
                                                IMTECH INVIRON LTD v LOPPINGDALE PLANT LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 183
                                            
                                            Adjudication – Adjudication clause in main contract – No adjudication clause expressed in subcontract – Incorporation of main contract terms – Analysis of what was incorporated – Suitability for summary judgment process – One dispute under one subcontract referred to adjudication.
                                        
                                            
                                                TRANSOCEAN DRILLING UK LTD v PROVIDENCE RESOURCES PLC (THE ARCTIC III)
                                                
                                            
                                            
                                    
                                                [2015] BLR 190
                                            
                                            Contract – Interpretation – Exclusion and Limitation of Liability Clauses – Knock for Knock provisions.
                                        
                                            
                                                THE TRUSTEES OF THE MARC GILBARD 2009 SETTLEMENT TRUST v OD DEVELOPMENTS AND PROJECTS LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 213
                                            
                                            Final Certificate – JCT Contract (2009 Edition) – Conclusive effect in any proceedings – Court proceedings started in time – Adjudication to be started later – Whether Final Certificate conclusive in adjudication proceedings.
                                        
                                            
                                                ST AUSTELL PRINTING COMPANY LTD v DAWNUS CONSTRUCTION LTD; DAWNUS CONSTRUCTION LTD v ST AUSTELL PRINTING COMPANY LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 224
                                            
                                            Adjudication – Enforcement adjudicator’s decision – Part 7 and Part 8 proceedings – Challenge to jurisdiction of adjudicator – Whether dispute had crystallised – Whether referring party could refer part only of claim under interim application.
                                        
                                            
                                                ISG CONSTRUCTION LTD v SEEVIC COLLEGE
                                                
                                            
                                            
                                    
                                                [2015] BLR 233
                                            
                                            Adjudication – Jurisdiction – Entitlement to payment – Valuation of works – Payless notices – Recovery of monies overpaid.
                                        
                                            
                                                LIBERTY MERCIAN LTD v CUDDY CIVIL ENGINEERING LTD AND ANOTHER (NO 3)
                                                
                                            
                                            
                                    
                                                [2015] BLR 242
                                            
                                            Agreement to provide a performance bond – Remedies for failure – Senior Courts Act 1981, section 19 – Specific performance impossible – Appropriateness of payment into court as alternative remedy.
                                        
                                            
                                                GROUP M UK LTD v CABINET OFFICE
                                                
                                            
                                            
                                    
                                                [2015] BLR 258
                                            
                                            Public procurement – Removal statutory suspension – Remedies Directive No 2007/66/EC – Principles governing injunctive relief – So-called “American Cyanamid” and those governing suspension of contract award under – Public Contract Regulations 2006 (SI 2006 No 5) – Public interest.
                                        
                                            
                                                ASPEN INSURANCE UK LTD v ADANA CONSTRUCTION LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 273
                                            
                                            Insurance – Combined contractors' liability policy – Public liability – Product liability – Meaning of product – Failure of work to perform intended function – Appropriateness of negative declaration is sought by insurers – Meaning of “superstructure” – Crane as “superstructure”.
                                        
                                            
                                                CIP PROPERTIES (AIPT) LTD (FORMERLY KNOWN AS NORWICH PROPERTY TRUST LTD) v GALLIFORD TRY INFRASTRUCTURE LTD AND OTHERS
                                                
                                            
                                            
                                    
                                                [2015] BLR 285
                                            
                                            Costs Management Order – Costs Management Rules – Claimant's costs budget – Dramatic increase in costs incurred – Lack of explanation – Unreliable and disproportionate costs budget – Unreasonable costs – Detailed costs assessment for incurred and estimated costs.
                                        
                                            
                                                GOLDSWAIN AND ANOTHER v BELTEC LTD (T/A BCS CONSULTING) AND ANOTHER
                                                
                                            
                                            
                                    
                                                [2015] BLR 300
                                            
                                            Professional negligence – Duty to warn – Professional's obligation to warn where possibility harm may occur.
                                        
                                            
                                                GALLIFORD TRY BUILDING LTD v ESTURA LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 321
                                            
                                            Adjudicator's decision – Application for summary judgment for enforcement purposes – Unfair fully to enforce – Partial stay.
                                        
                                            
                                                TRANSFORMERS & RECTIFIERS LTD v NEEDS LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 336
                                            
                                            Contract formation – Battle of Forms – Incorporation of terms and conditions.
                                        
                                            
                                                PAICE AND ANOTHER v MJ HARDING (TRADING AS MJ HARDING CONTRACTORS)
                                                
                                            
                                            
                                    
                                                [2015] BLR 345
                                            
                                            Adjudication – Four adjudications – Same adjudicator for first, third and fourth – Telephone contact between claimants and adjudicator’s office – Apparent bias – Test for bias – Fair-minded and informed observer – Adjudicator’s explanations relevant matter in considering bias – Waiver of bias – Overlap between third and fourth decisions – Lack of jurisdiction in later adjudication.
                                        
                                            
                                                HERON BROS LTD v CENTRAL BEDFORDSHIRE COUNCIL
                                                
                                            
                                            
                                    
                                                [2015] BLR 285
                                            
                                            Public Contracts Regulations 2006 (SI 2006 No 5) – Period for service of claim form – Service of unsealed claim form within statutory period – Application to strike out claim – Discretion to cure irregularity in service of unsealed claim form – Regulation 47F – Service of claim form in accordance with rules of court – Valid service achieved when step taken in accordance with CPR 7.5(1) within seven days of issue of claim form.
                                        
                                            
                                                ECOVISION SYSTEMS LTD v VINCI CONSTRUCTION UK LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 373
                                            
                                            Adjudication – Jurisdiction – Contractual interpretation – Applicable adjudication rules – Bias.
                                        
                                            
                                                KHURANA AND ANOTHER v WEBSTER CONSTRUCTION LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 396
                                            
                                            Adjudication agreement – Binding decision – Access to the courts – Unfair Terms in Consumer Contracts (SI 1999 No 2083), regulations 5 and 7 – Application to stay the action – Principles.
                                        
                                            
                                                ALLIANCE CONCRETE SINGAPORE PTE LTD v SATO KOGYO (S) PTE LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 410
                                            
                                            Contract – Frustration of contract – Unspecified source unavailable after contract formation – Whether parties contemplated the unspecified source – Whether parties discharged from further performance – Whether failure to supply sand prior to frustration amount to repudiatory breach.
                                        
                                            
                                                MT HØJGAARD A/S v E.ON CLIMATE AND RENEWABLES UK ROBIN RIGG EAST LTD AND ANOTHER
                                                
                                            
                                            
                                    
                                                [2015] BLR 431
                                            
                                            Construction of a contract for the design and installation of wind turbines – Warranty of fitness for purpose – Whether provision requiring compliance with industry standard qualified obligation of fitness for purpose – Whether obligation to comply with contractual technical standard imposed a strict obligation – Meaning of 20-year design life.
                                        
                                            
                                                SECRETARY OF STATE FOR DEFENCE v TURNER ESTATES SOLUTIONS LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 448
                                            
                                            Arbitration – Preliminary issues – Arbitration Act 1996, section 45 – Criteria for court ordering preliminary issues – Question law – Substantial effect on parties' rights – Substantial costs savings – Construction of contract – Canons of construction.
                                        
                                            
                                                HARLEQUIN PROPERTY (SVG) LTD AND ANOTHER v WILKINS KENNEDY (A FIRM)
                                                
                                            
                                            
                                    
                                                [2015] BLR 469
                                            
                                            Security for costs – After the event insurance – CPR 25.12 and 25.13 – Third Parties (Rights Against Insurers) Acts 1930 and 2010 – Contracts (Rights of Third Parties) Act 1999.
                                        
                                            
                                                AL-WADDAN HOTEL LTD v MAN ENTERPRISE SAL (OFFSHORE)
                                                
                                            
                                            
                                    
                                                [2015] BLR 478
                                            
                                            FIDIC – Clause 67.1 – Absence of engineer's decision – Notice of arbitration.
                                        
                                            
                                                PHILPOTT AND ANOTHER (AS JOINT LIQUIDATORS OF WGL REALISATIONS 2010 LTD) v LYCEE FRANCAIS CHARLES DE GAULLE SCHOOL
                                                
                                            
                                            
                                    
                                                [2015] BLR 495
                                            
                                            Liquidation – Taking of account under rule 4.90 of Insolvency Rules 1986 (SI 1986 No 1925) – Stay under section 9 of Arbitration Act 1996 – Whether any legal proceedings brought by liquidators to ascertain net balance would be stayed – Whether right to adjudicate remained.
                                        
                                            
                                                ASPECT CONTRACTS (ASBESTOS) LTD v HIGGINS CONSTRUCTION PLC
                                                
                                            
                                            
                                    
                                                [2015] BLR 503
                                            
                                            Adjudication – Proceedings challenging adjudicator's decision – Cause of action – Implied term of repayment – Unjust enrichment.
                                        
                                            
                                                HERON BROS LTD v CENTRAL BEDFORDSHIRE COUNCIL (NO 2)
                                                
                                            
                                            
                                    
                                                [2015] BLR 514
                                            
                                            Judgment handed down – Application to revisit judgment prior to sealing – Principles to be applied. – No authority to conduct litigation – Discretion to cure irregularity.
                                        
                                            
                                                OBRASCON HUARTE LAIN SA v HER MAJESTY'S ATTORNEY GENERAL FOR GIBRALTAR
                                                
                                            
                                            
                                    
                                                [2015] BLR 521
                                            
                                            FIDIC – Termination – Unforeseeable ground conditions.
                                        
                                            
                                                ILIFFE AND ANOTHER v FELTHAM CONSTRUCTION LTD AND OTHERS
                                                
                                            
                                            
                                    
                                                [2015] BLR 544
                                            
                                            Summary judgment – CPR Part 24.2 – No real prospect of success – Other compelling reason – Fire case – Joinder of third parties – Issues about causation – Third party pleadings not closed – Damages remaining to be assessed in any event.
                                        
                                            
                                                SAINT GOBAIN BUILDING DISTRIBUTION LTD (T/A INTERNATIONAL DECORATIVE SURFACES) v HILLMEAD JOINERY (SWINDON) LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 555
                                            
                                            Sale of goods – Incorporation of standard terms and conditions – Sufficient Notice – Sale of Goods Act 1979 – Implied terms about quality or fitness – Unfair Contract Terms Act 1977, Schedule 2 – Whether standard terms satisfied statutory test of reasonableness.
                                        
                                            
                                                WOODS BUILDING SERVICES v MILTON KEYNES COUNCIL
                                                
                                            
                                            
                                    
                                                [2015] BLR 571
                                            
                                            Procurement – Evaluation criteria – Duty of transparency – Duty of fairness and equal treatment – Undisclosed criteria – Manifest error – Role of unsuccessful tenderer's ex-employee in evaluation exercise by authority – Conflict of interest – Use by successful tenderer of competitor's confidential information taken unlawfully.
                                        
                                            
                                                WOODS BUILDING SERVICES v MILTON KEYNES COUNCIL (NO 2)
                                                
                                            
                                            
                                    
                                                [2015] BLR 591
                                            
                                            Procurement – Authority in breach of duties of transparency, fairness and equal treatment – Remedy – Corrected evaluation score showed claimant out-scored successful tenderer – Whether court would order authority to contract with claimant – Damages.
                                        
                                            
                                                PT PERUSAHAAN GAS NEGARA (PERSERO) TBK v CRW JOINT OPERATION (INDONESIA)
                                                
                                            
                                            
                                    
                                                [2015] BLR 595
                                            
                                            Adjudication – FIDIC Contract Red Book – Clause 20 – Dispute adjudication board – International Arbitration Act 2002 – Partial and interim awards – Provisional awards – Final awards – DAB decision given effect to – Final and binding nature of decisions ad awards – Impact of later Partial Award on merits – International Arbitration Act 2002, section 19B.
                                        
                                            
                                                NORTHROP GRUMMAN MISSIONS SYSTEMS EUROPE LTD v BAE SYSTEMS (AL DIRIYAH C4I) LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 657
                                            
                                            Incorporation of terms – Need to establish intention – Contract to be governed by other contract – Disregard of inappropriate incorporated terms – Factual matrix – Relevance to contract terms.
                                        
                                            
                                                NH INTERNATIONAL (CARIBBEAN) LTD v NATIONAL INSURANCE PROPERTY DEVELOPMENT COMPANY LTD (NO 1) AND (NO 2)
                                                
                                            
                                            
                                    
                                                [2015] BLR 667
                                            
                                            FIDIC Contract for Construction 1999 1st Edition â Clause 2.4 Employer's financial arrangements made and maintained â Reasonable evidence to be provided â Termination by contractor for breach of clause 2.4 â Question of fact for arbitrator â Clause 2.5 Employer's rights to set off and cross-claim â Employer's notice and particulars as condition precedent.
                                        
                                            
                                                PORTSMOUTH CITY COUNCIL v ENSIGN HIGHWAYS LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 675
                                            
                                            PFI contract â Highway network â Service points for defaults by contractor â Good faith â Expressed and implied â Contract interpretation â Limited scope of good faith duty â Best Value Duty.
                                        
                                            
                                                CALEDONIAN MODULAR LTD v MAR CITY DEVELOPMENTS LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 694
                                            
                                            Adjudication â Payment applications â Final determination of dispute.
                                        
                                            
                                                HENIA INVESTMENTS LTD v BECK INTERIORS LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 704
                                            
                                            Part 8 proceedings â Interim Application for Payment â Interim Certificate â Pay Less Notice â Payment provisions â JCT Standard Building Contract without Quantities 2011 â Housing Grants, Construction and Regeneration Act 1996 (as amended).
                                        
                                            
                                                GSK PROJECT MANAGEMENT LTD (IN LIQUIDATION) v QPR HOLDINGS LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 715
                                            
                                            Costs Management Order â Precedent/Form H â Costs â Proportionality â Reasonableness â Incurred costs taken into account â Set cost budget.
                                        
                                            
                                                THE CENTRAL TENDER BOARD v VERNON WHITE (TRADING AS WHITE CONSTRUCTION SERVICES)
                                                
                                            
                                            
                                    
                                                [2015] BLR 727
                                            
                                            Tender – Public body – Finance (Administration) Act 2008 (Montserrat), section 57 – Procurement and Stores Regulations – Ultra vires – Tender accepted – Time for completion not expressed in tender – Implied contract between tenderers and employer – Duty to act fairly in treatment of tenderers.
                                        
                                            
                                                OPENVIEW SECURITY SOLUTIONS LTD v MERTON LONDON BOROUGH COUNCIL
                                                
                                            
                                            
                                    
                                                [2015] BLR 735
                                            
                                            Regulations 47A, C, G to L – Public Contracts Regulations 2006 (as amended) (SI 2006 No 5) – Automatic suspension where alleged breach by contracting authority to economic operator – Application to set aside automatic suspension – Whether damages an adequate remedy.
                                        
                                            
                                                ROB PURTON (T/A RICHWOOD INTERIORS) v KILKER PROJECTS LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 754
                                            
                                            Adjudication – Jurisdiction – Existence of contract – Formation of contract.
                                        
                                            
                                                WYCOMBE DEMOLITION LTD v TOPEVENT LTD
                                                
                                            
                                            
                                    
                                                [2015] BLR 765
                                            
                                            Adjudication enforcement – CPR Part 24 – Reference of multiple disputes – Breaches of natural justice – Adjudicator refusing to make visit to site – Adjudicating deciding valuation basis on alternative methodology without opportunity to comment.
                                        
                                            
                                                SSE GENERATION LTD v HOCHTIEF SOLUTIONS AG AND ANOTHER
                                                
                                            
                                            
                                    
                                                [2015] BLR 774
                                            
                                            NEC Contract (2nd Edition) – Indemnity provisions – Insurance provisions – Interrelationship of such provisions – No presumption that insurance provisions had primacy – No implied term that one co-assured could not sue another.