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HALLIBURTON COMPANY v CHUBB BERMUDA INSURANCE LTD (FORMERLY KNOWN AS ACE BERMUDA INSURANCE LTD)
[2021] BLR 1
Arbitration – Duty of fairness and impartiality – Arbitration Act 1996, section 24 – Removal of arbitrator – Apparent bias – Appointment in multiple arbitrations with single overlapping party and subject matter – Disclosure of appointments – Confidentiality.
MAEDA KENSETSU KOGYO KABUSHIKI KAISHA (ALSO KNOWN AS MAEDA CORPORATION) AND ANOTHER v BAUER HONG KONG LTD
[2021] BLR 39
Notices – Conditions precedent to entitlement – Notice stating one contractual basis but reliance on a different contractual basis at trial.
HUBER AND ANOTHER v X-YACHTS (GB) LTD AND ANOTHER
[2021] BLR 54
Remote hearing – Trial – Parties and witnesses outside the jurisdiction – Video only hearing – Courts Act 2003, section 85A and 85B – Senior Courts Act 1981, section 71 – Conditions to broadcast proceedings.
NEOLOGY UK LTD v THE COUNCIL OF THE CITY OF NEWCASTLE UPON TYNE AND OTHERS
[2021] BLR 61
Procurement – Summary judgment – Lifting of automatic stay.
BLACKPOOL BOROUGH COUNCIL v VOLKERFITZPATRICK LTD AND OTHERS
[2021] BLR 78
Costs – Successful party – Part 36 offer – Withdrawal of Part 36 offer – Relevance of approved costs budget – Relevance of weak and thin claims – Costs of third parties.
ABC ELECTRIFICATION LTD v NETWORK RAIL INFRASTRUCTURE LTD
[2021] BLR 97
Default – Meaning of default – Contractual interpretation – Redundancy principle – ICE contract Conditions – Disallowed cost.
GLOBAL SWITCH ESTATES LTD v SUDLOWS LTD
[2021] BLR 111
Adjudication - Natural justice - Jurisdiction - All defences to be considered by adjudicator - Impact of previous adjudication decisions.
STANDARD LIFE ASSURANCE LTD v GLEEDS (UK) (A FIRM) AND OTHERS
[2021] BLR 126
Statements of case – Strike out – Sampling and extrapolation of breaches – Inference – Res ipsa loquitur – Global claims – Burden of proof – Abuse of process – Expert evidence in support of professional negligence allegations.
AQUA LEISURE INTERNATIONAL LTD v BENCHMARK LEISURE LTD
[2021] BLR 150
Adjudication – Subsequent agreement – “Subject to contract” – Whether award could be enforced. – Costs – Late Payment of Commercial Debts (Interest) Act 1998 – Costs awarded by adjudicator – Whether enforceable.
RG CARTER PROJECTS LTD v CUA PROPERTY LTD
[2021] BLR 160
Costs – Discontinuation of claims by radical amendment.
SECRETARIAT CONSULTING PTE LTD AND OTHERS v A COMPANY
[2021] BLR 167
Experts – Duties to client – Fiduciary duty to client – Loyalty – Confidentiality – Conflicts of interest – Two experts from same firm engaged on two related arbitrations.
LARGE v HART AND ANOTHER
[2021] BLR 189
Damages – Negligent – Negligent survey – Failure to advise and provide information – Measure of loss.
TRW LTD v PANASONIC INDUSTRY EUROPE GMBH AND ANOTHER
[2021] BLR 204
Jurisdiction – Recast Brussels I Regulation (Regulation No 1215/2012/EU) – Jurisdiction agreements – Contract formation – Battle of the forms – Lis alibi pendens – Stay of proceedings to avoid the risk of irreconcilable judgments.
AIC LTD v THE FEDERAL AIRPORTS AUTHORITY OF NIGERIA
[2021] BLR 217
Reconsideration of Order before sealing – Exercise of discretion.
OKPABI AND OTHERS v ROYAL DUTCH SHELL PLC AND ANOTHER
[2021] BLR 237
Jurisdiction – Whether real issue to be tried – Duty of care of parent company in respect of actions of subsidiaries.
CLIN v WALTER LILY & CO LTD
[2021] BLR 259
Construction – Demolition works – Planning – Conservation areas – JCT Contracts – Appeals.
HARRISON JALLA AND OTHERS v SHELL INTERNATIONAL TRADING AND SHIPPING COMPANY AND ANOTHER
[2021] BLR 276
Nuisance – Limitation – Continuing nuisance.
MOTACUS CONSTRUCTIONS LTD v PAOLO CASTELLI SPA
[2021] BLR 293
Construction contract – Adjudication enforcement – Summary judgment – Whether jurisdiction of English court ousted by foreign exclusive jurisdiction clause – 2005 Hague Convention, articles 6(c) and 7.
MARTLET HOMES LTD v MULALLEY & CO LTD
[2021] BLR 307
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.
ANCHOR HANOVER GROUP (INCORPORATING THE FULLY TRANSFERRED SOCIETY, HANOVER HOUSING ASSOCIATION) AND OTHERS v ARCADIS CONSULTING (UK) LTD AND OTHERS
[2021] BLR 319
Pleadings CPR 3.4(2)(a) – Strike out of claim – CPR 24.1 – Summary judgment on defence. – Duty of care – Statutory duties – Voluntary assumption of responsibility.
NAYLOR AND OTHERS v ROAMQUEST LTD AND ANOTHER
[2021] BLR 330
Striking out – CPR 3.4(2)(a) and (b) – Summary judgment – CPR 24.2 – Principles applicable – No realistic prospect of success – No mini-trial to be conducted – Consider evidence before court as well as that expected at trial – Capital diminution after remedial works reflecting stigma.
DENKA ADVANTECH PTE LTD AND ANOTHER v SERAYA ENERGY PTE LTD AND ANOTHER AND OTHER APPEALS
[2021] BLR 340
Breach of contract – Liquidated damages – Penalty clauses – Penalties – Mitigation.
MULTIPLEX CONSTRUCTION EUROPE LTD v BATHGATE REALISATIONS CIVIL ENGINEERING LTD (FORMERLY KNOWN AS DUNNE BUILDING AND CIVIL ENGINEERING LTD) (IN ADMINISTRATION) AND OTHERS
[2021] BLR 391
Construction – British Standards – Duty of care – Design and build contracts – Assumption of responsibility – Warranties – Third Parties (Rights Against Insurers) Act 2010.
TRANSPORT FOR GREATER MANCHESTER v KIER CONSTRUCTION LTD (T/A KIER CONSTRUCTION NORTHERN)
[2021] BLR 431
Adjudication – Notice of dissatisfaction – Address for service.
MOTT MACDONALD LTD v TRANT ENGINEERING LTD
[2021] BLR 440
Exclusion and limitation clauses – Net contribution clauses – Interpretation – Scope of application – Whether applicable to “fundamental”, “wilful” or “deliberate” breaches.
BOXWOOD LEISURE LTD v GLEESON CONSTRUCTION SERVICES LTD AND ANOTHER
[2021] BLR 459
Extension of time for service of claim form – Retrospective extension – Scope of powers to grant relief from sanction or rectify an error of procedure by extending time for service of claim form.
PRATER LTD v JOHN SISK & SON (HOLDINGS) LTD
[2021] BLR 474
Adjudication - Summary judgment - Jurisdiction - More than one dispute - Effect of alleged lack of jurisdiction in earlier decision on later decision based in part on earlier decision.
PERFORM CONTENT SERVICES LTD v NESS GLOBAL SERVICES LTD
[2021] BLR 485
Brussels Recast Regulation – Lis pendens – Article 33 – Stay in favour of courts of non-member state – Article 25 – Non-exclusive jurisdiction agreements – Whether “jurisdiction is based on article 4” – Whether stay “necessary for the proper administration of justice”.
DANA UK AXLE LTD v FREUDENBERG FST GMBH
[2021] BLR 500
Trial – Expert evidence – Failure by expert to comply with CPR Part 35 – Application to dismiss whole of expert's evidence as a consequence – Breaches of court order and expert duties – Expert evidence excluded.
MATTHEW ROGERSON (T/A COTTESMORE HOTEL, GOLF AND COUNTRY CLUB) v ECO TOP HEAT & POWER LTD
[2021] BLR 519
Expert evidence – Change of expert – Terms for leave for new expert – Expert shopping – Privileged notes or drafts – Jurisdiction of the court to impose conditions on deployment of replacement expert – CPR 35.4.
MAYPOLE DOCK LTD v CATALYST HOUSING LTD
[2021] BLR 534
Interim relief – Injunction – Court proceedings under way seeking damages for breach of Overage Agreement – Defendant seeking to commence expert determination under contractual provisions in Overage Agreement.
DAVIES & DAVIES ASSOCIATES LTD v STEVE WARD SERVICES (UK) LTD
[2021] BLR 542
Adjudication – Adjudicator's fees claimed in circumstances where he resigned – Adjudicator's resignation due to issue on jurisdiction not raised by the parties – Whether a breach of contract by the adjudicator disentitling him to his fees.
TRIPLE POINT TECHNOLOGY INC v PTT PUBLIC COMPANY LTD
[2021] BLR 555
Liquidated damages – Contract terminated – Effect on entitlement to liquidated damages – General principle – Negligence meaning in contract – Clear words needed to limit interpretation to exclude normal interpretation – Liquidated damages subject to cap or not.
STANDARD LIFE ASSURANCE LTD v GLEEDS (UK) (A FIRM) AND OTHERS
[2021] BLR 588
Statements of case – Permission to amend – Adequacy of particulars – Particulars of quantum – Compliance with orders and time limits – Loss of a chance.
R (ON THE APPLICATION OF THE GOOD LAW PROJECT LTD) v THE SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE AND PHARMACEUTICALS DIRECT LTD (INTERESTED PARTY)
[2021] BLR 599
Service of claim form – Email service – Specified email address by Treasury Solicitor for new proceedings – Failure to serve in time. – CPR Part 6.15 – CPR Part 3.1(2)(a) – CPR Part 7.6. – Procurement – Judicial review – Limitation – Prejudice to defendant if relief granted.
LSREF 3 TIGER FALKIRK LTD I SARL AND ANOTHER v PARAGON BUILDING CONSULTANCY LTD
[2021] BLR 612
Service of claim form – Authority to accept service.
SURREY COUNTY COUNCIL v SUEZ RECYCLING AND RECOVERY SURREY LTD
[2021] BLR 625
Energy – Arbitration – Arbitration Act 1996 – Stay of proceedings – Expert determination – Waste disposal.
THE ROYAL PARKS LTD AND ANOTHER v BLUEBIRD BOATS LTD
[2021] BLR 649
Land – Fixtures – Degree of annexation – Ownership of structure – Estoppel – Proprietary – Acquiescence – Encouragement.
AVIVA INVESTORS GROUND RENT GROUP GP LTD AND ANOTHER v SHEPHERD CONSTRUCTION LTD
[2021] BLR 666
Application to join claimant – CPR Part 19.5 – Application to strike out by defendant – Assignment – Consent required for assignment under building contract – Consent not sought – Validity of assignment.
THE FRONT DOOR (UK) LTD (T/A RICHARD REID ASSOCIATES) v THE LOWER MILL ESTATE LTD AND OTHERS
[2021] BLR 675
Amendment – Joinder – Limitation – Moral right – Passing-off.
ECO WORLD – BALLYMORE EMBASSY GARDENS COMPANY LTD v DOBLER UK LTD
[2021] BLR 687
Enforceability of liquidated damages provisions – Partial possession – Application of cap on liquidated damages to general damages.
TOPPAN HOLDINGS LTD AND ANOTHER v SIMPLY CONSTRUCT (UK) LLP
[2021] BLR 705
Construction contracts – Summary judgment – Adjudication – Jurisdiction – Collateral warranties – Interest – Part 8 claims.
JOHN DOYLE CONSTRUCTION LTD (IN LIQUIDATION) v ERITH CONTRACTORS LTD
[2021] BLR 717
Insolvency set-off – Adjudication – Adjudication enforcement by company in liquidation – Security.
JALLA AND ANOTHER v SHELL INTERNATIONAL TRADING AND SHIPPING CO LTD AND ANOTHER
[2021] BLR 743
Representative action CPR r 19.6(1) – The requirement that there be “same interest in the claim” – Whether the existence of individual claims necessarily prevented an order for representative proceedings.
QUADRO SERVICES LTD v CREAGH CONCRETE PRODUCTS LTD
[2021] BLR 764
Adjudication – Enforcement of decision – Dispute or disputes – Multiple issues within one dispute.