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DALLAH ESTATE AND TOURISM HOLDING COMPANY v MINISTRY OF RELIGIOUS AFFAIRS, GOVERNMENT OF PAKISTAN

[2010] BLR Plus 1

ICC arbitration - New York Convention - Enforcement of arbitration award - Arbitration Act 1996, section 103 - Waiver - Estoppel - No challenge to award in country in which award made - Discretion to enforce or not

SG SOUTH LTD v KING'S HEAD CIRENCESTER LLP AND ANOTHER

[2010] BLR Plus 2

Adjudication - Enforcement - Fraud - Claims on certificates - Fraud raised in adjudication - Same fraud raised on enforcement - Clear evidence and argument required - Fraud going to subject matter of dispute - Stay of execution

NATIONAL AMUSEMENTS (UK) LTD AND OTHERS v WHITE CITY (SHEPHERD'S BUSH) LTD PARTNERSHIP AND ANOTHER

[2010] BLR Plus 3

Transfer of proceedings - Action issued in Chancery Division -Application to transfer to TCC - Subject matter of action

ALLIED P & L LTD v PARADIGM HOUSING GROUP LTD

[2010] BLR Plus 4

Adjudication - Dispute - Severability - Submission to jurisdiction - Waiver

BECK INTERIORS LTD v RUSSO

[2010] BLR Plus 5

Guarantee - Discharge by material variation in terms of principal contract - Surety consenting to alterations - Conditional nature of guarantee - Whether guarantor bound by adjudicator's decision

PELL FRISCHMANN ENGINEERING LIMITED v (1) BOW VALLEY IRAN LIMITED (2) BOW VALLEY ENERGY LIMITED (3) P T BAKRIE INTERINVESTINDO (4) BOW VALLEY INTERNATIONAL (JERSEY) LIMITED

[2010] BLR Plus 6

Confidentiality - Exclusivity - Breach of contract - "Wrotham Park" damages - Negotiating damages - Lord Cairns Act - Damages in lieu of injunction - Injunction need not be claimed in proceedings - Hypothetical negotiation - Events after date of such negotiation - Conspiracy

ENTERPRISE MANAGED SERVICES LTD v TONY MCFADDEN UTILITIES LTD

[2010] BLR Plus 7

Insolvency - Assignment of claim by liquidators - Whether assignment of balance due on account under ruleÂ 4.90 of Insolvency RulesÂ 1986 - Whether assignment valid

(1) ANGLO SWISS HOLDINGS LIMITED (2) GOOD START LIMITED (3) MENTMORE TOWERS LIMITED v PACKMAN LUCAS LIMITED

[2010] BLR Plus 8

Stay - Alleged failure to comply with Pre-Action Protocol - Whether stay should be ordered

BUILDABILITY LIMITED v O'DONNELL DEVELOPMENTS LIMITED

[2010] BLR Plus 9

Courts and Legal Services Act 1990, section 58A - Conditional Fee Agreement

ERICSSON AB v EADS DEFENCE AND SECURITY SYSTEMS LIMITED

[2010] BLR Plus 10

Interim injunction - Termination of contract - Adequacy of damages - Exclusion clauses - Confidentiality

NAYLOR CONSTRUCTION SERVICES LTD v ACOUSTAFOAM LTD

[2010] BLR Plus 11

Adjudication - Enforcement - Jurisdiction - Agreement in writing - Housing Grants, Construction and Regeneration Act 1996, section 107 - Test to be applied where agreement alleged to be oral, or partly oral and partly written

FITZROY ROBINSON LIMITED v MENTMORE TOWERS LIMITED and FITZROY ROBINSON LIMITED v GOOD START LIMITED AND ANOTHER (No 3)

[2010] BLR Plus 12

Interest - Calculation of interest payable on professional fees unpaid - Application of Late Payment of Commercial Debts (Interest) Act 1998 - Effect of reduction of principal sum by termination of contract on calculation of interest - Identification of relevant periods

GERMAN PROPERTY 50 SARL v SUMMERS-INMAN CONSTRUCTION AND PROPERTY CONSULTANTS LLP and ARCADIS HOMOLA PROJECT MANAGEMENT AG

[2010] BLR Plus 13

Costs - Interim award - Costs paid to third party by way of settlement - Whether rule should be applied discounting percentage of those costs or whether allowable in full at interim stage

SUPERSHIELD LIMITED v SIEMENS BUILDING TECHNOLOGIES LIMITED

[2010] BLR Plus 14

Damages - Settlement sum as damages - Reasonableness of settlement - Remoteness - Causation - Foreseeability - Scope of contractual duty

MAYHAVEN HEALTHCARE LIMITED v (1) DAVID BOTHMA (2) TERESA BOTHMA (Trading as DAB Builders)

[2010] BLR Plus 15

Arbitration appeal - Question of law - Repudiation - Recoverability of damages - Damages for delay - implied approval by Contract Administrator of defective work

SUPABLAST (NATIONWIDE) LIMITED v STORY RAIL LIMITED

[2010] BLR Plus 16

Adjudication - Summary Judgment - Enforcement of Adjudicator's decision - Whether arguable defence that there were two contracts

VECTOR INVESTMENTS v J D WILLIAMS

[2010] BLR Plus 17

CPR Part 44.3 - Liability for Costs - Determination of liability for costs after compromise of proceedings - Principles to be applied - Relevance of settlement sum

SPEYMILL CONTRACTS LIMITED v ERIC BASKIND

[2010] BLR Plus 18

Adjudication - Enforcement of adjudicator's award - Fraud - Allegation of fraud by defendant - Alleged theft of withholding notices by claimant - Whether agreement that adjudicator should not consider theft - Whether adjudicator did consider theft - Approach of Court on enforcement proceedings

GOLD GROUP PROPERTIES LIMITED v BDW TRADING LIMITED (formally known as BARRATT HOMES LIMITED)

[2010] BLR Plus 19

Summary judgment - Interpretation of contract - Frustration - Repudiation - Development Agreement

HI-LITE ELECTRICAL LIMITED v WOLSELEY UK LIMITED

[2010] BLR Plus 20

Earlier proceedings - Effect of judgement on later proceedings - Different parties to later proceedings - Issue estoppel - Unfairness in later proceedings - Non-admissions on causation in later proceedings

(1) BSKYB LIMITED (2) SKY SUBSCRIBERS SERVICES LIMITED v (1) HP ENTERPRISE SERVICES UK LIMITED (FORMERLY ELECTRONIC DATA SYSTEMS LIMITED) (2) ELECTRONIC DATA SYSTEMS LLC (FORMERLY ELECTRONIC DATA SYSTEMS CORPORATION)

[2010] BLR Plus 21

Contract - Exclusion clause - Whether the clause applied to all losses

MENTMORE TOWERS LTD & OTHERS v PACKMAN LUCAS LTD

[2010] BLR Plus 22

Adjudication - Injunction to restrain - Failure by party to comply with earlier adjudication decision and judgment thereon - Subsequent proceedings by that party stayed - Party commenced adjudications - Whether that party should be restrained by injunction from proceeding with adjudications

GEOFFREY OSBOURNE LTD v ATKINS RAIL LTD

[2010] BLR Plus 23

Adjudication - Arithmetical error - CPR Part 8 - Declarations sought

WILLIAM HARE LIMITED v SHEPHERD CONSTRUCTION LIMITED and C R REYNOLDS (CONSTRUCTION) LIMITED v SHEPHERD CONSTRUCTION LIMITED

[2010] BLR Plus 24

Housing Grants, Construction and Regeneration Act 1996, section 113(1) - "Pay when paid" provisions activated upon insolvency of employer - Contractual "pay when paid" clause activated upon the making of an administration order - Whether clause to be construed to encompass self certified administration pursuant to Insolvency Act 1986 Part II schedule B1

RTS FLEXIBLE SYSTEMS LIMITED v MOLKEREI ALOIS MULLER GMBH & COMPANY KG (UK PRODUCTION)

[2010] BLR Plus 25

Letter of Intent - Contract formation - Contract not effective until signed - Expiry of letter of Intent - Parties continue with project - Agreement on Contract Schedules - Waiver of subject to contract clause

GPS MARINE CONTRACTORS LIMITED v RINGWAY INFRASTRUCTURE SERVICES LIMITED

[2010] BLR Plus 26

Adjudication - Compromise - Waiver of jurisdictional objection - Multiple disputes - Multiple contracts - Deceit - Natural justice

PACKMAN LUCAS LIMITED v (1) MENTMORE TOWERS LIMITED (2) CHARLES STREET HOLDINGS LIMITED

[2010] BLR Plus 27

Judgment Debt - Order for sale - Jurisdiction of Queen's Bench Division

GELDOF METAALCONSTRUCTIE NV v SIMON CARVES LIMITED

[2010] BLR Plus 28

Equitable set-off - Interpretation of contractual provision as to set-off

YUANDA (UK) CO LTD v WW GEAR CONSTRUCTION LTD

[2010] BLR Plus 29

Adjudication - Contract terms - JCT Trade Contract amended - Adjudication provision - Trade Contractor to pay its own and Employer's costs of adjudication - Validity of such provision - Unfair Contract Terms Act 1977 - Standard terms meaning - International supply contract - Late Payment of Commercial Debts (Interest) Act 1998 - Substantial remedy in contract for interest - More than two parties in adjudication

CLEVELAND BRIDGE (UK) LIMITED v WHESSOE-VOLKER STEVIN JOINT VENTURE (A PARTNERSHIP COMPRISING WHESSOE OIL & GAS LIMITED AND VOLKER STEVIN CONSTRUCTION EUROPE BV)

[2010] BLR Plus 30

Adjudication - Enforcement of adjudicator's decision - Whether operations fell within the exception in section 105(2)(c) of the Housing Grants Construction and Regeneration Act 1996 - Effect of partial jurisdiction - Whether possible to sever the decision

PILON LIMITED v BREYER GROUP PLC

[2010] BLR Plus 31

Adjudication - Award - Enforcement - Jurisdiction - Summary judgment

FILETURN LTD v ROYAL GARDEN HOTEL LTD

[2010] BLR Plus 32

Adjudication - Bias - Apparent bias - Pre-existing relationship between adjudicator and adviser for referring party.

CLARKE QUARRIES LTD v PT McWILLIAMS LTD

[2010] BLR Plus 33

Adjudication - Contractual agreement - Dispute resolution clause - Adjudication followed by arbitration - Concurrent adjudication and arbitration permissible.

LAMBERT AND OTHERS v BARRATT HOMES LTD and ROCHDALE METROPOLITAN BOROUGH COUNCIL

[2010] BLR Plus 34

Nuisance - Flooding - Measured duty of care - Land - Scope of duty - Reasonable measures - All circumstances - Another party also responsible.

LEE v CHARTERED PROPERTIES (BUILDING) LTD

[2010] BLR Plus 35

Adjudication - Enforcement - Decision delivered out of time - Settlement of claims - Submission of request for appointment of adjudicator prior to notice of adjudication.

CITY INN LTD v SHEPHERD CONSTRUCTION LTD

[2010] BLR Plus 36

Concurrent delay - Extension of time - Fair and reasonable extension - How to assess - Apportionment between relevant and other events - Clause 25 of JCT standard form (private with quantities) 1980 edition

MICHAEL PHILLIPS ARCHITECTS LTD v RIKLIN AND ANOTHER

[2010] BLR Plus 37

Security for costs - ATE insurance

LINKLATERS BUSINESS SERVICES (FORMERLY HACKWOOD SERVICES COMPANY) v SIR ROBERT MCALPINE LTD (1ST DEFENDANT) SIR ROBERT MCALPINE (HOLDINGS) LTD (2ND DEFENDANT) HOW ENGINEERING SERVICES LTD (3RD PARTY) HOW GROUP LTD(4TH PARTY) SOUTHERN INSULATION (MEDWAY) LTD (5TH PARTY)

[2010] BLR Plus 38

Duty of care - Sub-sub contractor - Damage to other elements of building not installed by sub-sub contractor

NORTH EASTERN PROPERTIES LTD v (1) DAMIEN COLEMAN (2) PATRICK QUINN [2010] EWCA Civ 277

[2010] BLR Plus 39

Law of Property (Miscellaneous Provisions) Act 1989 - Section 2 - Requirement for all terms of contract for sale of land to be included - Composite transactions - Identification of terms not forming conditions for sale of land

MBE ELECTRICAL CONTRACTORS LTD v HONEYWELL CONTROL SYSTEMS LTD

[2010] BLR Plus 40

Arbitration - Adjudication enforcement - Application to stay enforcement proceedings to arbitration - Whether enforcement dispute that required to be referred to arbitration - Housing Grants Construction and Regeneration Act 1996 - Arbitration Act 1996

RBG LTD v SGL CARBON FIBERS LTD

[2010] BLR Plus 41

NEC3 Contract - Entitlement to payment - Accumulation of Price for Work Done to Date

INTEGRATED BUILDING SERVICES ENGINEERING CONSULTANTS LTD (T/A OPERON) v PIHL UK LTD

[2010] BLR Plus 42

Adjudication - Administrators appointed to claimant - Deficiency of assets - Balancing of accounts (Scottish law) - No need to raise before adjudicator - Adjudicator's decision not to be enforced

CITY & GENERAL (HOLBORN) LTD v ROYAL & SUN ALLIANCE PLC

[2010] BLR Plus 43

Limitation - Accrual of causes of action - Issue estoppel - Acknowledgment of claim - Limitation Act 1980, section 29(5)(a)

NETWORK RAIL INFRASTRUCTURE LTD v CONARKEN GROUP LTD NETWORK RAIL INFRASTRUCTURE LTD v FARRELL TRANSPORT LTD

[2010] BLR Plus 44

Negligence - Economic Loss - Recoverability of economic loss consequential upon physical damage

CHALBURY MCCOUAT INTERNATIONAL LTD v PG FOILS LTD

[2010] BLR Plus 45

Arbitration - Arbitration Act 1996 - Section 18 - Appointment of arbitrator

HOW ENGINEERING SERVICES LTD v SOUTHERN INSULATION (MEDWAY) LTD

[2010] BLR Plus 381

Duty of care - Sub-sub contractor - Damage to other elements of building not installed by sub-sub contractor

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