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Experts - Conditions on calling experts - CPR 35.4(1) - Change of experts - Need for good reason - Condition requiring production of privileged documents - For disclosure need to show expert shopping - Cost budgeting - Broad brush approach.
Tort of private nuisance regarding noise - Extent of interference with reasonable enjoyment of land required for actionable nuisance - Whether breach of covenant of quiet enjoyment Whether breach of development agreement term to take reasonable steps to procure the remedy of defects - Effect of failure to provide notice of defect within time.
Strike out - Abuse of process - "Warehousing" - Deliberate delay in proceedings - Subjective intent established from overall evidence - No need for prejudice - Impact of related proceedings against insurers - Tripartite mediation - Delay by applicant in bringing application.
Scope of contract variations clause - Whether power to instruct variations was limitless - Whether change instructed was outside of contract altogether - When change instruction amounts to recission of contract.
Adjudication enforcement - Impartiality and bias - Adjudicator's fees Sums invoiced in advance of fees - Whether adjudicator was deploying a lien - Whether lack of impartiality or bias demonstrated - Freezing injunction obtained previously - Whether claimant had failed to make proper disclosure.
Adjudication - Parallel Part 8 proceedings - Requirement to comply with adjudicator's decision - Validity of interim payment applications - Waiver/estoppel/variation of terms in respect of timing of applications.
Party wall - Party Wall etc Act 1996, sections 2, 3 and 10 - Purposive construction - Party Structure Notice - Need for such notice before resolution procedure can be engaged - Common law rights reserved if no notice.
Summary judgment of adjudicator's decision - Whether court should consider parallel Part 8 claim seeking determination of point of contract construction - Time for submitting interim application for payment - Meaning of phrase "not later than four days prior to" - Whether payment application had to be submitted within working hours or by the end of the calendar day.
Summary judgment - No real prospect of success - Strike out - Principles for strike out and summary judgment - Limitation Act 1980, section 14A - Claim in tort - Knowledge - Physical damage - Economic loss.