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DOOSAN BABCOCK LTD (FORMERLY DOOSAN BABCOCK ENERGY LTD) v COMERCIALIZADORA DE EQUIPOS Y MATERIALES MABE LIMITADA (PREVIOUSLY KNOWN AS MABE CHILE LIMITADA)
[2014] BLR Plus 1
Injunction to restrain call on guarantees - Different types of performance guarantees and bonds - Approach to injunctions in such situations - No party could benefit from its own wrong
PGF II SA v OMFS COMPANY 1 LTD
[2014] BLR Plus 2
Mediation - Failure to respond to offer - Amounting to unreasonable refusal
ROBBINS v BEXLEY LONDON BOROUGH COUNCIL
[2014] BLR Plus 3
Negligence - Nuisance - Causation - Tree root damage - Scope of duty of care to prevent tree root damage
MAEDA CORPORATION AND OTHERS (IN JOINT VENTURE) v GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
[2014] BLR Plus 4
Bills of Quantities - Whether rates unreasonable or inapplicable - Re-rating
SABIC UK PETROCHEMICALS LTD (FORMERLEY HUNTSMAN PETROCHEMICALS (UK) LTD) v PUNJ LLOYD LTD (A COMPANY INCORPORATED IN INDIA)
[2014] BLR Plus 5
Delay - Obligation to carry out works "with due diligence" - Meaning
ASPECT CONTRACTS (ASBESTOS) LTD v HIGGINS CONSTRUCTION PLC
[2014] BLR Plus 6
Adjudication - Proceedings challenging an adjudicator's decision - Cause of action - Term of repayment as construed - Implied term
CATERPILLAR (NI) LTD (FORMERLY KNOWN AS FG WILSON (ENGINEERING) LTD) v JOHN HOLT & COMPANY (LIVERPOOL) LTD
[2014] BLR Plus 7
Sale of Goods Act 1979, section 49(1) - Action for price - Passing of property in goods - Retention of title - Entitlement to proceeds of sale
WUHAN GUOYU LOGISTICS GROUP CO LTD AND ANOTHER v EMPORIKI BANK OF GREECE SA
[2014] BLR Plus 8
On demand guarantee - Payment by bank under the guarantee to beneficiary of guarantee - Whether beneficiary holds the monies on trust for the bank
VENULUM PROPERTY INVESTMENTS LTD v SPACE ARCHITECTS LTD AND OTHERS
[2014] BLR Plus 9
Summary judgment - Limitation of Actions - Accrual date for cause of action
ANDREW MITCHELL MP v NEWS GROUP NEWSPAPERS LTD
[2014] BLR Plus 10
Practice Direction requiring filing of costs budget "not less than seven days before the date of the hearing" - Failure to comply - CPR cost budgeting rules - Jackson reforms - New overriding objective - CPR 3.14 - Strict enforcement of compliance with rules
WALES AND WEST UTILITIES LTD v PPS PIPELINE SYTEMS GMBH
[2014] BLR Plus 11
Adjudication - Jurisdiction - Scope of dispute - Enforceability of subsequent decision arising from previous unenforceable decision - Waiver of jurisdictional objection through compliance with decision
WATERDANCE LTD v KINGSTON MARINE SERVICES LTD
[2014] BLR Plus 12
Damages - When loss occurs - Diminution in value caused by damage or breach - Cost of repair evidence of diminution - Events after damage irrelevant to diminution - Burden of proof on defendant to show no diminution
TWINTEC LTD v VOLKERFITZPATRICK LTD
[2014] BLR Plus 13
Letter of intent - Incorporation of dispute resolution clause
LIBERTY MERCIAN LTD v CUDDY CIVIL ENGINEERING LTD AND ANOTHER
[2014] BLR Plus 14
Contract - NEC3 Contract - Name of contracting party - Change of name to contracting party - New party dormant company - Termination
WALKER CONSTRUCTION (UK) LTD v QUAYSIDE HOMES LTD AND ANOTHER
[2014] BLR Plus 15
Adjudication - Sums awarded to contractor in adjudication - Claim by employer for return of part of those sums on basis of alleged defects - Whether employer had to prove its claim for return of those sums or whether contractor had to prove its entitlement thereto
COVENTRY AND OTHERS v LAWRENCE AND ANOTHER
[2014] BLR Plus 16
Nuisance - Private nuisance - Nuisance of personal discomfort - Noise - Establishing a prescriptive right - Relevance of claiming coming to the nuisance - Assessing the character of the locality and relevance of use of defendant's premises - Relevance of planning permission to character of locality
MAKDESSI v CAVENDISH SQUARE HOLDINGS BV AND ANOTHER
[2014] BLR Plus 17
Agreement for sale of shares - Provision for payment in instalments - If seller defaulted on restrictive covenants, interim and final payments not to be made - Whether clauses unenforceable as penalties
AB v CD
[2014] BLR Plus 18
Interim injunctions - Adequacy of damages - Contractual limitation - Exclusion on recoverable damages
CO-OPERATIVE GROUP LTD v BIRSE DEVELOPMENTS LTD (IN LIQUIDATION) AND OTHERS
[2014] BLR Plus 19
Limitation - Main contractor - Cause of action - Collateral warranties - Sub-contractor-sub-consultant-Assignment - Prohibition against assignment after two assignments - Link between nature of the duty and the extent of liability for breach of that duty - Incurrence of liability by main contractor - Time runs from practical completion - Knowledge irrelevant to accrual of cause of action - Construction of term determinative as to effectiveness of assignment
LINCOLNSHIRE COUNTY COUNCIL v MOUCHEL BUSINESS SERVICES LTD AND ANOTHER
[2014] BLR Plus 20
Limitation - Extension of period for service of claim form after expiry of limitation period - Application to set aside extension of time given on application without notice - Protocol for Technology and Construction Disputes - Requirement for application to be made on notice for directions
WEST AND ANOTHER v IAN FINLAY & ASSOCIATES (A FIRM)
[2014] BLR Plus 21
Agreement for engagement of architect - "Net contribution clause" - Correct construction of clause - Whether ambiguous - Regulation 5 of the UTCC Regulations - Unreasonableness under provisions of UCTA
T CLARKE (SCOTLAND) LTD v MMAXX UNDERFLOOR HEATING LTD
[2014] BLR Plus 22
Adjudication - Interim interdict to restrain future adjudications - Sham disputes - Abuse of process
MANOLETE PARTNERS PLC v HASTINGS BOROUGH COUNCIL
[2014] BLR Plus 23
Dangerous structures - Building Act, sections 76, 78 and 106 - Local authority's powers - Compensation payable to parties not in default - Meaning of default - Default under Building Act.
UNIVERSITY OF BRIGHTON v DOVEHOUSE INTERIORS LTD
[2014] BLR Plus 24
JCT Intermediate Building Contract - Final Certificate as conclusive evidence - Requirements for commencement of adjudication proceedings - Invalidity of notice of adjudication - Incorrect address - Incorrect nominating body
TRAVIS PERKINS TRADING COMPANY LTD v CAERPHILLY COUNTY BOROUGH COUNCIL
[2014] BLR Plus 25
Preliminary issue - Public procurement - Limitation period - Scope of wording in brief details of claim - Whether claim included within particulars of claim - Limitation - Whether claim time-barred
HONEYWELL INTERNATIONAL MIDDLE EAST LTD v MEYDAN GROUP LLC (FORMERLY KNOWN AS MEYDAN LLC)
[2014] BLR Plus 26
Arbitration - Enforcement of Dubai arbitral award - Grounds for refusing enforcement New York Convention award - New York Convention article V
MT HØJGAARD A/S v E.ON CLIMATE AND RENEWABLES UK ROBIN RIGG EAST LTD AND E.ON CLIMATE AND RENEWABLES UK ROBIN RIGG WEST LTD
[2014] BLR Plus 27
Design obligation - Obligation to design in accordance with specified standard - Obligation to produce design fit for purpose - Design in accordance with specified standard not fir for purpose - Fitness for purpose obligation overrides obligation to design in accordance with specified standard
LOVELL PARTNERSHIPS LTD CONNAUGHT PARTNERSHIPS LTD (IN LIQUIDATION) v MERTON PRIORY HOMES
[2014] BLR Plus 28
ACA Standard Form of Contract for Term Partnering 2005, clause 13.9 - Construction of clause - Termination for insolvency under contract - Whether contractor entitled to payment of any further sums due after termination
OBRASCON HUARTE LAIN SA v HER MAJESTY'S ATTORNEY GENERAL FOR GIBRALTAR
[2014] BLR Plus 29
FIDIC - Termination - Timing of notification of extension of time - Address for service of notices - Unforeseeable ground conditions
CO-OPERATIVE GROUP LTD v BIRSE DEVELOPMENTS LTD (IN LIQUIDATION) AND OTHERS
[2014] BLR Plus 30
Amendment - Civil Procedure Rules Part 17.4(2) - Limitation period expired - Whether proposed amendment raised new cause of action - Whether proposed amendment should be permitted as a matter of discretion
OKSANA MUL v HUTTON CONSTRUCTION LTD
[2014] BLR Plus 31
JCT Intermediate Form of Contract 2005 - Clause 2.30 - Meaning of appropriate deduction in respect of defects
FRONTIER SYSTEMS LTD (TRADING AS VOICEFLEX) v FRIP FINISHING LTD
[2014] BLR Plus 32
Internet telephone services - Responsibility for third party fraud - Use of service - Breach of contract - Implied terms - Communications Act 2003, sections 48(1) and 104
HONEYWELL INTERNATIONAL MIDDLE EAST LTD v MEYDAN GROUP LLC
[2014] BLR Plus 33
Arbitration - Enforcement of award - New York Convention - Arbitration Act 1996, section 66 - Judgment - Whether matter of discretion
DENTON AND OTHERS v TH WHITE LTD AND ANOTHER DECADENT VAPOURS LTD v BEVAN AND OTHERS UTILISE TDS LTD v CRANSTOUN DAVIES AND OTHERS
[2014] BLR Plus 34
Relief from sanctions - CPR rule 3.9 - Three-stage test - Significant or serious default - Reason for default - Evaluation of all circumstances
SAINSBURY'S SUPERMARKETS LTD v CONDEK HOLDINGS LTD (FORMERLY CONDEK LTD) AND OTHERS
[2014] BLR Plus 35
Negligence - Duty of care for economic - Design defects - Inspections - Loss
OAKROCK LTD v TRAVELODGE HOTELS LTD AND OTHERS
[2014] BLR Plus 36
Implied term in building contract - Work to be valued at a reasonable rate - No term implied that work to be undertaken only on an objectively reasonable rate
HUFFORD v SAMSUNG ELECTRONICS (UK) LTD
[2014] BLR Plus 37
Consumer Protection Act 1987, section 2 - Meaning of "defect" - Fire - Causation - Burden of proof
NORTHUMBRIAN WATER LTD v SIR ROBERT MCALPINE LTD
[2014] BLR Plus 38
Nuisance - Negligence - Escape of concrete from building site
KS ENERGY SERVICES LTD v BR ENERGY (M) SDN BHD
[2014] BLR Plus 39
"Endeavours" clauses - Meaning of obligations to use "all reasonable endeavours" and to use "best endeavours" - Whether the obligation was a continuing one - Breach of the obligation
KELLIE AND ANOTHER v WHEATLEY & LLOYD ARCHITECTS LTD
[2014] BLR Plus 40
Extent of liability for costs - Proportionate costs order - Standard or indemnity basis costs - Costs management order
HUNT AND OTHERS v OPTIMA (CAMBRIDGE) LTD AND OTHERS
[2014] BLR Plus 41
Architect's Certificate - Purchasers of property prior to completion - Negligent misstatement - Collateral warranty - Duty of care for professional services - Limitation - Limitation Act 1980
HURLEY PALMER FLATT LTD v BARCLAYS BANK PLC
[2014] BLR Plus 42
Contracts (Rights of Third Parties) Act 1999 - Adjudication - Contractual interpretation
LAING O'ROURKE CONSTRUCTION LTD (FORMERLY LAING O'ROURKE NORTHERN LTD) v THE HEALTH CARE SUPPORT (NEWCASTLE) LTD AND ANOTHER
[2014] BLR Plus 43
Construction of a PFI Contract - Phased completion - Criteria for determining completion - Whether declarations sought appropriate
PETERBOROUGH COUNTY COUNCIL v ENTERPRISE MANAGED SERVICES LTD
[2014] BLR Plus 44
Stay of proceedings - Appointment of Dispute Adjudication Board - Whether precondition of proceeding in any action - FIDIC General Conditions of Contract, sections 20.2 to 20.8
NATS (SERVICES) LTD v GATWICK AIRPORT LTD AND DFS DEUTSCHE FLUGSICHERING GMBH (INTERESTED PARTY)
[2014] BLR Plus 45
Public procurement - Implementation of European Directive 2007/66/EC - Automatic suspension of tender process - Breach of implied tender contract - Interim injunction