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STAR ENERGY WEALD BASIN LTD AND ANOTHER v BOCARDO SA

[2011] BLR Plus 1

Trespass - Licence granted to search and bore for petroleum - Ownership of strata below surface - No common law defence - No licence to trespass - Damages - Compensation by reference to cost of securing wayleave - Section 8(2) Mines (Working Facilities and Support) Act 1966

BEWLEY HOMES PLC v CNM ESTATES (SURBITON) LTD

[2011] BLR Plus 2

Settlement agreement - Adjudication award - Construction of settlement agreement

KAYE v LAWRENCE

[2011] BLR Plus 3

Party Wall etc Act 1996, section 12(1) - Notice of security for expenses by adjoining owner - Whether security for expenses can be required where work to be carried out entirely on building owner's premises

OCEANBULK SHIPPING & TRADING SA v TMT ASIA LTD AND OTHERS

[2011] BLR Plus 4

Without prejudice negotiations - Settlement Agreement - Whether party entitled to rely upon without prejudice communications

STRAW REALISATIONS (NO 1) LTD (FORMERLY KNOWN AS HAYMILLS (CONTRACTORS) LTD (IN ADMINISTRATION)) v SHAFTSBURY HOUSE (DEVELOPMENTS) LTD

[2011] BLR Plus 5

Adjudication - Insolvency - Administration - Set-off - Summary judgment

WILLIAM MCILROY SWINDON LTD AND ANOTHER v QUINN INSURANCE LTD

[2011] BLR Plus 6

Third Parties (Rights Against Insurers) Act 1930 - Requirement to commence arbitration within agreed period after claim under policy disputed - Failure of insured to give notification of dispute within time required by policy - Whether notification clause was unusual or onerous - Meaning of legal claim for purposes of time for notification

GIBRALTAR RESIDENTIAL PROPERTIES LTD v GIBRALCON 2004 SA

[2011] BLR Plus 7

Adjudication award - Exclusive jurisdiction clause - Proceedings in England seeking stay - Jurisdiction and Judgments Regulation 44/2001

VALENTINE v TRANSPORT FOR LONDON AND ANOTHER

[2011] BLR Plus 8

Highways Act 1980 - Section 41 - Duty to maintain by highway authority - Extent of obligation

COMPANIA SUD AMERICANA DE VAPORES SA v SINOCHEM TIANJIN LTD (FORMERLY SINOCHEM TIANJIN IMPORT AND EXPORT CORP) (THE "ACONCAGUA")

[2011] BLR Plus 9

Causation - Two possible causes - Elimination of one cause not sufficient to establish other cause - Need for further evidence

LINKLATERS BUSINESS SERVICES v SIR ROBERT MCALPINE LTD AND OTHERS

[2011] BLR Plus 10

Contract - Damages - Reasonableness of remedial scheme

REDWING CONSTRUCTION LTD v WISHART

[2011] BLR Plus 11

Adjudication - Costs - After the Event Insurance - Conditional Fee Agreements

EXEL EUROPE LTD v UNIVERSITY HOSPITALS COVENTRY AND WARWICKSHIRE NHS TRUST

[2011] BLR Plus 12

Procurement - Public Contracts Regulations 2006, regulation 47(G)1 - Whether defendant to be entitled to enter into contract - Principles to be applied - Whether serious issue to be tried - Whether damages adequate remedy

DAWES v TREASURE AND SON LTD

[2011] BLR Plus 13

Arbitration - Arbitrator - Whether arbitrator functus officio on conclusion of settlement agreement

MEARS LTD v LEEDS CITY COUNCIL

[2011] BLR Plus 14

Procurement - Public Contracts Regulations, regulation 47 - Time limit for commencement of proceedings - Date of relevant knowledge of claim

ROBINSON v PE JONES (CONTRACTORS) LTD

[2011] BLR Plus 15

House purchase - NHBC Contract - Concurrent duty of care in tort - Impact of contract terms on duty - Assumption of responsibility - Exclusion of liability in tort - Unfair Contract Terms Act 1977 - Reasonableness

AES-3C MARITZA EAST 1 EOOD v CREDIT AGRICOLE CORPORATE AND INVESTMENT BANK (FORMERLY CALYON CORPORATE AND INVESTMENT BANK) AND ANOTHER

[2011] BLR Plus 16

Bonds - On demand - Two demands - Requirements for supporting documents for demands - Correlation between demand and supporting documents - Foreign court injunction against bank - Fraud - Honest but mistaken belief

CN ASSOCIATES (A FIRM) v HOLBETON LTD

[2011] BLR Plus 17

Adjudication - Jurisdiction - Reservation of position - Whether jurisdiction conferred on adjudicator to decide his own jurisdiction - Whether construction contract in writing between parties

THE HALO TRUST v SECRETARY OF STATE FOR INTERNATIONAL DEVELOPMENT

[2011] BLR Plus 18

Public Contracts Regulations 2006 - Procurement - Restraint of award of public contract - Application of American Cyanamid principles - Whether Government strategy for funding of demining capable of challenge pursuant to Public Contracts Regulations

ROLF v DE GUERIN

[2011] BLR Plus 19

Costs - CPR Part 36 - Claimant's offer to mediate - Claimant's offer to settle - Rejection of offer

DE BEERS UK LTD (FORMERLY THE DIAMOND TRADING CO LTD) v ATOS ORIGIN IT SERVICES UK LTD

[2011] BLR Plus 20

Contract - Damages - Delay

SIMON CARVES LTD v ENSUS UK LTD

[2011] BLR Plus 21

On-Demand Bond - Injunction restraining call - Test for the granting of an injunction - Whether fraud required

CROWN ALUMINIUM LTD v NORTHERN AND WESTERN INSURANCE COMPANY LTD AND ANOTHER

[2011] BLR Plus 22

Practice and procedure - Claim against two defendants - First defendant debarred from defending - Whether second defendant entitled to summary judgment - Judgment in default - Scope of CPR r12.8(2)

MERITZ FIRE AND MARINE INSURANCE CO LTD v JAN DE NUL NV AND ANOTHER

[2011] BLR Plus 23

Bonds - Guarantees - Contractual interpretation

JONES v KANEY

[2011] BLR Plus 24

Expert evidence - Experts - Immunity - Abolition of immunity - Duty to court - Duty to client

WOODLANDS OAK LTD v CONWELL AND ANOTHER

[2011] BLR Plus 25

Bias - Early indications by judge - Defects - Mitigation - Opportunity to contract to put right - Existence or not of defects liability clause - Cost plus contract

EAGLE v REDLIME LTD

[2011] BLR Plus 26

Limitation - Limitation Act 1980, section 14A - When claimant had knowledge required for bringing action for damages in respect of relevant damage

ADYARD ABU DHABI v SD MARINE SERVICES

[2011] BLR Plus 27

Contract - Shipbuilding - Rescission - Delayed performance

DURHAM COUNTY COUNCIL v JEREMY KENDALL (t/a HLB ARCHITECTS)

[2011] BLR Plus 28

Housing grants - Construction and Regeneration Act 1996, section 107 - Adjudication - Whether contract written or evidenced in writing - Disputes under more than one contract - Waiver of jurisdictional challenges not taken before adjudicator

LANES GROUP PLC v GALLIFORD TRY INFRASTRUCTURE LTD

[2011] BLR Plus 29

Adjudication - Breach of adjudication agreement - Repudiation of adjudication agreement - Bias

SCULLION v BANK OF SCOTLAND PLC (t/a COLLEYS)

[2011] BLR Plus 30

Valuation - Negligence - Duty of care - Foreseeability - Proximity - Fairness justice and reasonableness - Buy-to-let property - Different considerations applicable

MOUCHEL LTD v VAN OORD (UK) LTD (NO 2)

[2011] BLR Plus 31

Costs - Contribution proceedings - Civil Liability (Contribution) Act 1978

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

[2011] BLR Plus 32

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

CARILLION JM LTD v PHI GROUP LTD (ROBERT WEST CONSULTING LTD, THIRD PARTY) CARILLION JM LTD v ROBERT WEST CONSULTING LTD

[2011] BLR Plus 33

Costs - Part 36 - Discretion

TINSELTIME LTD v ERYL ROBERTS AND OTHERS

[2011] BLR Plus 34

Tort - Nuisance - Negligence - General rule employer of independent contractor not responsible for independent contractor's torts - Exception of Exceptionally Dangerous Activities - Exception of work to dividing structures

MERITZ FIRE & MARINE INSURANCE CO LTD v JAN DE NUL NV AND ANOTHER

[2011] BLR Plus 35

Bonds - Advance Payment Guarantee - On-demand - ICC Uniform Rules for Command Guarantee - Terms for demand - Literal construction

COSTELLO AND ANOTHER v MACDONALD AND OTHERS

[2011] BLR Plus 36

Unjust enrichment - Not arising where relevant contractual arrangements between the parties

LANES GROUP PLC v GALLIFORD TRY INFRASTRUCTURE LTD

[2011] BLR Plus 37

Adjudication - Award - No jurisdiction - Commencement of new adjudication before different adjudicator - Whether subsequent adjudicator had jurisdiction - Whether summary judgment should be granted

BROSTER AND OTHERS v GALLIARD DOCKLANDS LTD AND OTHERS

[2011] BLR Plus 38

Claim for physical property damage - No cause of action for property damage for defects in property - Complex structure theory

WILLIAM MCILROY (SWINDON) LTD AND OTHERS v QUINN INSURANCE LTD

[2011] BLR Plus 39

Insurance - Public liability - Time-bar provision - Whether "dispute on liability in respect of claim or amount to be paid" before existence and amount of liability to third parties established

LOWE AND ANOTHER v W MACHELL JOINERY LTD

[2011] BLR Plus 40

Sale of Goods - Rejection of goods - Statutory implied terms - Sale of Goods Act 1979, section 14 - Finding by trial judge of breach of contract

BARCLAYS BANK PLC v NYLON CAPITAL LLP

[2011] BLR Plus 41

Expert determination - Mandate or jurisdiction of expert - Determination by court of expert's jurisdiction - Before or after expert determination - Arbitration not comparable - Settlement before handing down of judgments - Court's discretion to hand down

HI-LITE ELECTRICAL LTD v WOLSELEY UK LTD (DAB PUMPS SPA THIRD PARTY)

[2011] BLR Plus 42

Causation - Novus actus interveniens - Remoteness - Apportionment

JERRAM FALKUS CONSTRUCTION LTD v FENICE INVESTMENTS INC (NO 4)

[2011] BLR Plus 43

JCT Design and Build 2005 - Final account claim - Adjudicator's decision - Whether challenged in sufficient time - Whether conclusive

TREBOR BASSETT HOLDINGS LTD THE CADBURY UK PARTNERSHIP (FORMERLY KNOWN AS THE CADBURY TREBOR BASSETT PARTNERSHIP t/a MONKHILL CONFECTIONERY) v ADT FIRE AND SECURITY PLC

[2011] BLR Plus 44

Contract - "Battle of forms" - Offer and acceptance

HACKNEY EMPIRE LTD v AVIVA INSURANCE UK LTD (FORMERLY NORWICH UNION INSURANCE LTD)

[2011] BLR Plus 45

Bond - Guarantee - Side agreement between employer and contractor as to on-account payments - Whether obligations under side agreement within scope of bond - Whether side agreement or payments made by employer discharged guarantor under bond

WITNEY TOWN COUNCIL v BEAM CONSTRUCTION (CHELTENHAM) LTD

[2011] BLR Plus 46

Adjudication - Jurisdiction - Scheme for construction contracts - Power of adjudicator to determine more than one dispute under a contract - Nature and scope of dispute referred

NORTH SHORE VENTURES LTD v ANSTEAD HOLDINGS INC AND OTHERS

[2011] BLR Plus 47

Loan - Guarantee - Alleged non-disclosure of material facts - Duty of disclosure

PANNONE LLP v AARDVARK DIGITAL LTD

[2011] BLR Plus 48

Orders by consent - Case management - Power of court - Discretion overriding consent - Circumstances in which extension can be granted - Circumstances need not be unusual - Consent one of circumstances - Consent not inherently decisive - CPR 3.3(1), 3.1(2)(a), 3.8 and 3.9

RBIL v RYHURST AND OTHERS

[2011] BLR Plus 49

Security for costs - Threshold for ordering security - The exercise of the discretion by the court - Taking into account delay in the making of the application

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