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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