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SYSTECH INTERNATIONAL LTD v PC HARRINGTON CONTRACTORS LTD
[2012] BLR Plus 1
Adjudication - Adjudicator's appointment - Adjuicator's fees - Adjudication decision unenforceable - Claim for fees
LW INFRASTRUCTURE PTE LTD v LIM CHIN SAN CONTRACTORS PTE LTD
[2012] BLR Plus 3
Time at large - Liquidated damages - Delay to progress - No delay to completion caused by employer's breaches - Termination of sub-contractor's employment - Accrued rights to liquidated damages at termination - Whether liquidated or common law damages recoverable for period after termination - Contractual notice for liquidated damages
HENRY BROTHERS (MAGHERAFELT) LTD AND OTHERS v DEPARTMENT OF EDUCATION FOR NORTHERN IRELAND
[2012] BLR Plus 4
Procurement - Transparency - Public Contracts Regulations 2006 - Directive 2004/18/EC - Directive 2007/66/EC - Criteria for award of public contract - Framework agreement - Price component
PARTNER PROJECTS LTD v CORINTHIAN NOMINEES LTD
[2012] BLR Plus 5
Adjudication - Enforcement - Jurisdiction - Interest - Late Payment of Commercial Debts (Interest) Act 1998
QIMONDA MALAYSIA SDN BHD v SEDIABENA SDN BHD AND ANOTHER
[2012] BLR Plus 6
Retention - Trust - Implied Trust - No need for explicit trust words - Employer in liquidation - No need for separate bank account - Estoppel
PERSIMMON HOMES LTD v WOODFORD LAND LTD
[2012] BLR Plus 7
Expert determination clause - Rectification claim excluded - Related contractual interpretation issues within court's jurisdiction - Stay or striking out
SPRUNT LTD v LONDON BOROUGH OF CAMDEN
[2012] BLR Plus 8
Adjudication - Jurisdiction - Agreement in writing - Agreement that one contracting party nominates the adjudicator - Natural justice
NAP ANGLIA LTD v SUN-LAND DEVELOPMENT CO LTD
[2012] BLR Plus 9
Adjudication - Enforcement of the decision - CPR Part 50 and RSC Order 47 - Stay of execution - Probable inability of claimant to repay judgment sum amounting to special circumstances
LANES GROUP PLC v GALLIFORD TRY INFRASTRUCTURE LTD T/A GALLIFORD TRY RAIL
[2012] BLR Plus 10
Adjudication - Breach of adjudication agreement - Repudiation of adjudication agreement
RAINY SKY SA AND OTHERS v KOOKMIN BANK
[2012] BLR Plus 11
Construction of contract terms - Where the terms have more than one meaning - Relevance of business common sense
ACD (LANDSCAPE ARCHITECTS) LTD v (1) OVERALL (2) COOKHAM CONSTRUCTION LTD
[2012] BLR Plus 12
Disclosure and privilege - Waiver - Collateral waiver - Expert's report - Reference made to report in statement on strike-out application - Whether deployed in court
LEANDER CONSTRUCTION LTD v MULALLEY AND COMPANY LTD
[2012] BLR Plus 13
Implied terms - Proceeding regularly and diligently with the works - Whether withholding notice valid
NORESIDE CONSTRUCTION LTD v IRISH ASPHALT LTD
[2012] BLR Plus 14
Battle of forms - Enquiries - Invitation to treat - Offer - Purchase order - Supply of materials - Incorporation of terms - By signature, reasonable notice or course of dealings - Document must refer to terms - Later delivery dockets contractually irrelevant - Implied terms - Custom of trade - Requirements to prove customary term - Implied term of merchantability
NAP ANGLIA v SUN-LAND DEVELOPMENT CO LTD (NO 2)
[2012] BLR Plus 15
Costs - Adjudication award - Enforcement ordered subject to partial stay
SHEPHERD CONSTRUCTION LTD v PINSENT MASONS LLP
[2012] BLR Plus 16
Partnership - Dissolution of partnership - Creation of new partnership - Later creation of limited liability partnership (LLP) - Liability of LLP for advice given by first partnership prior to dissolution - No ongoing retainer surviving dissolution of first partnership - No obligation to review previous legal advice - No liability of LLP for previous legal advice given by dissolved partnership
HERBOSH-KIERE MARINE CONTRACTORS LTD v DOVER HARBOUR BOARD
[2012] BLR Plus 17
Adjudication - Jurisdiction - Natural justice
CARILLION UTILITY SERVICES LTD v SP POWER SYSTEMS LTD
[2012] BLR Plus 18
Adjudication - Natural justice - Adoption of commercial rates on which no evidence - Adjudication - Severance - Whether adjudicator's decision could be severed
CIP PROPERTY (AIPT) LTD v TRANSPORT FOR LONDON AND OTHERS
[2012] BLR Plus 19
Injunctions - Quia timet - Declarations - Need for participation in process being objected to - Prematurity of applications - Any useful purpose for declaration - Need for clear definition of issues - Imminent threat required
SPIERS EARTHWORKS PTY LTD v LANDTEC PROJECTS CORPORATION PTY LTD (NO 2)
[2012] BLR Plus 20
Liquidated damages - Penalty - Prevention principle - Whether time at large
WALTER LILLY & CO LTD v MACKAY AND ANOTHER
[2012] BLR Plus 21
Privilege - Legal professional privilege - Claims consultants - Personnel at firm legally qualified - Whether legal professional privilege applies
WEST COUNTRY RENOVATIONS LTD v MCDOWELL AND MCDOWELL
[2012] BLR Plus 22
Practice and procedure - Allocation of TCC claims between High Court in London and other courts
OWNERS AND/OR BAREBOAT CHARTERERS AND/OR SUB BAREBOAT CHARTERERS OF THE SHIP SAMCO EUROPE v OWNERS OF THE SHIP MSC PRESTIGE
[2012] BLR Plus 23
Costs - CPR Part 36 - CPR Part 61 - Effect of Part 61 offer made and withdrawn before trial - Whether unjust in the circumstances to award costs in favour of party making the offer
THEWLIS v GROUPAMA INSURANCE CO LTD
[2012] BLR Plus 24
Part 36 offer - Period for acceptance - Inclusion in offer of phrase requiring consent of offeror or court's permission after period for acceptance expired - Rejection of offer - Purported acceptance - Whether offer remained open for acceptance - Whether true Part 36 offer - Whether action stayed
BARR AND OTHERS v BIFFA WASTE SERVICES LTD
[2012] BLR Plus 25
Nuisance - Environment - Odour escaping from waste tip
NORTHERN ROCK (ASSET MANAGEMENT) PLC v CHANCELLORS ASSOCIATES LTD
[2012] BLR Plus 26
Admissions - CPR 14 - Judgment entered on admission in an acknowledgement of service - Judgment irregular - Jurisdiction of the court to set aside judgment
HIGGINSON SECURITIES (DEVELOPMENTS) LTD AND ANOTHER v HODSON
[2012] BLR Plus 27
Pre-Action Protocol - Necessity for without prejudice meeting - Stay of proceedings - Costs
WORKING ENVIRONMENTS LTD v GREENCOAT CONSTRUCTION LTD
[2012] BLR Plus 28
Adjudication - Dispute - Crystallisation of dispute - Whether dispute prior to date for payment
SPECIALIST INSULATION LTD v PRO-DUCT (FIFE) LTD
[2012] BLR Plus 30
Adjudication - Jurisdiction - What contract was formed - Battle of forms - Conduct as acceptance - Objective test - Reservation on jurisdictional challenge - Waiver and bar
WW GEAR CONSTRUCTION LTD v MCGEE GROUP LTD
[2012] BLR Plus 31
Adjudication - Part 8 declaration sought - Declarations and adjudications - Jurisdiction - Whether court would interfere in ongoing adjudication
R&C ELECTRICAL ENGINEERS LTD v SHAYLOR CONSTRUCTION LTD
[2012] BLR Plus 32
Adjudication - Enforcement of Decision - Ability to withhold sums against the Decision - Scope of the Adjudicator's decision - Ambit of TeCSA Adjudication Rule 33
MERIT PROCESS ENGINEERING LTD v BALFOUR BEATTY ENGINEERING SERVICES (HY) LTD
[2012] BLR Plus 33
Contract - Formation - Important terms not agreed - Price
AMPURIUS NU HOMES HOLDINGS LTD v TELFORD HOMES (CREEKSIDE) LTD
[2012] BLR Plus 34
Due diligence - Reasonable endeavours - Repudiation - Affirmation
SQUIBB GROUP LTD v VERTASE F.L.I LTD
[2012] BLR Plus 35
Adjudication - Adjudicator's findings on extension of time - Findings on withholding notices - Enforcement - Claimed set-off by losing party
BECK INTERIORS LTD v UK FLOORING CONTRACTORS LTD
[2012] BLR Plus 36
Adjudication - Dispute - Crystallisation of dispute
RUST CONSULTING v PB LTD
[2012] BLR Plus 37
Indemnity clause - Indemnity in asset purchase agreement - Judgment entered by consent - Extent of indemnity - Estoppel - Whether claimant required to show estoppel when defendant caused judgment between claimant and third party to be entered
ODEDRA v BALL
[2012] BLR Plus 38
Experts - Debarring expert evidence - Production of undisclosed report - Report privileged - Discretion of court
FG WILSON (ENGINEERING) LTD v JOHN HOLT & CO (LIVERPOOL) LTD
[2012] BLR Plus 39
Sale of Goods Act 1979, section 14 - Action for price - Passing of property in goods - Retention of title - Entitlement to proceeds of sale.
BERENT v FAMILY MOSAIC HOUSING (INCORPORATING MOSAIC HOUSING ASSOCIATION) AND ANOTHER
[2012] BLR Plus 40
Nuisance - Tree roots - Foreseeability - Real risk - Reasonable steps to reduce risk - Balancing exercise - General damages - Inconvenience - Awards modest.
TREBOR BASSETT HOLDINGS LTD AND ANOTHER v ADT FIRE AND SECURITY PLC
[2012] BLR Plus 41
Contract - Supply of services or goods.
WALTER LILLY & CO LTD v MACKAY AND ANOTHER (NO 2)
[2012] BLR Plus 42
JCT Standard Form 1998 Edition Private without quantities - Clause 25 - Extension of time where concurrent Delay - Clause 17.1 - Requirements for practical completion.
CLARK ELECTRICAL LTD v JMD DEVELOPMENTS (UK) LTD
[2012] BLR Plus 43
Adjudication - Contractual engagement of adjudicator - Effect on jurisdiction - Ad hoc submission - Need to interpret what is said or done
BRIT INNS LTD (IN LIQUIDATION) BARBER AND LAWLESS v BDW TRADING LTD AND J REDDINGTON LTD BARBER, LAWLESS AND KATZ (ACTING AS LIQUIDATOR OF BRIT INNS LTD) v BDW TRADING LTD AND J REDDINGTON LTD (NO 2)
[2012] BLR Plus 44
Costs - CPR Part 36 - Successful party at trial - Conduct of parties
SMITH AND OTHERS v SOUTH EASTERN POWER NETWORKS PLC AND OTHERS
[2012] BLR Plus 45
Negligence - Causation - Power distribution - Fires
ALSTOM POWER LTD v SOMI IMPIANTI SRL
[2012] BLR Plus 46
Personal property - Equipment - Sub-contractor's equipment (defined in subcontract) - Whether legal property therein passed to contractor