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JACOBS UK LTD v SKIDMORE OWINGS AND MERRILL LLP LTD

[2013] BLR Plus 1

Tomlin Order - Settlement incorporated - Construction of Settlement terms - Commercial background - Term for award of further contracts - Meaning of award clear - Implied obligation of good faith - Agreement to agree

SQUIBB GROUP LTD v VERTASE F.L.I LTD

[2013] BLR Plus 2

Adjudication - Housing Grants (Construction and Regeneration) Act 1996 - Set-off against adjudicator's decision - Inability to set off claim for liquidated damages or other claims against adjudicator's decision

TOWSEY AND ANOTHER (T/A TOWSEY PLASTERING CONTRACTORS) v HIGHGROVE HOMES LTD

[2013] BLR Plus 3

Winding up petition against company - Disputed debt - Decision by adjudicator - Sums due under decision not paid - Whether status of decision permitted challenge by company in proceedings over nature of debt - Whether company unable to pay debts as and when they fell due

PC HARRINGTON CONTRACTORS LTD v SYSTECH INTERNATIONAL LTD

[2013] BLR Plus 4

Adjudication - Recoverability of adjudicator's fees - Natural justice - Unenforceability of decision - Whether total failure of consideration - Whether adjudicator entitled to be paid

GENESIS HOUSING ASSOCIATION LTD v LIBERTY SYNDICATE MANAGEMENT LTD

[2013] BLR Plus 5

Contracts - Basis of contract clauses and warranties - Whether incorrect statements made in an insurance proposal form constituted so-called "basis" warranties whose breach would invalidate the insurance

AVIVA INSURANCE LTD v HACKNEY EMPIRE LTD

[2013] BLR Plus 6

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

CONNELL v MUTCH (T/A SOUTHEY BUILDING SERVICES) AND ANOTHER

[2013] BLR Plus 7

Costs - Claim - Set-off and counterclaim - Net sum due to claimant - CPR 44.3 - Normal order based on overall success - Discretion of judge to make costs order on claim and counterclaim

WUHAN GUOYU LOGISTICS GROUP CO LTD AND ANOTHER v EMPORIKI BANK OF GREECE SA

[2013] BLR Plus 8

Payment guarantee - Proper construction of - Whether guarantee or on demand bond

UK HIGHWAYS A55 LTD AND OTHERS v HYDER CONSULTING (UK) LTD AND ANOTHER

[2013] BLR Plus 9

CPR Part 7.4 - Service of particulars of claim required within 14 days of service of claim form - Failure to serve pleadings within that period - Parties agreeing to various stays over two-year period - Dispute not resolved - particulars of claim served out of time

BULIC v HARWOODS AND OTHERS

[2013] BLR Plus 10

Single joint experts - Permission to rely on further expert evidence

YAM SENG PTE LTD (A COMPANY REGISTERED IN SINGAPORE) v INTERNATIONAL TRADE CORPORATION LTD

[2013] BLR Plus 11

Contracts - Implied terms - Good faith - Repudiation

NULTY AND OTHERS v MILTON KEYNES BOROUGH COUNCIL

[2013] BLR Plus 12

Causation - Balance of probabilities - Fire - Whether fire caused by cigarette end discarded by engineer - Whether, if other possible causes very much less likely, that in law becomes probable cause

JOHN GRIMES PARTNERSHIP LTD v GUBBINS

[2013] BLR Plus 13

Consulting engineer - Delay - Damages

ANDREWS AND OTHERS v AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD

[2013] BLR Plus 14

Penalty - Whether penalty doctrine limited to circumstances where there is breach of contract - Grounds for equitable intervention

MEARS LTD v SHORELINE HOUSING PARTNERSHIP LTD

[2013] BLR Plus 15

Summary judgment - CPR 3.4(2)(a) - Striking out - Particulars of claim - Order for payment into court by party

BERRY PILING SYSTEMS LTD v SHEER PROJECTS LTD

[2013] BLR Plus 16

CPR 32.14 - Application for permission to apply for committal for contempt - Statements made in witness statements with statement of truth - Reckless as to whether the statement is truthful - Practice Direction 81, paragraph 5.2

ARCADIS UK LTD v MAY AND BAKER LTD (TRADING AS SANOFI)

[2013] BLR Plus 17

Adjudication - Successive adjudications - Party providing second adjudicator with first decision

WESTFIELDS CONSTRUCTION LTD v CLIVE LEWIS

[2013] BLR Plus 18

Adjudication - Enforcement - HGCRA 1996, section 106 - Construction contract - Residential occupier

ATKINS LTD v SECRETARY OF STATE FOR TRANSPORT

[2013] BLR Plus 19

Arbitration - Serious irregularity under Arbitration Act 1996, section 68 - Permission to appeal under Arbitration Act 1996, section 69 - Whether applications under sections 68 and 69 barred by section 70 of Arbitration Act 1996 - Whether available recourse under section 57 of Arbitration Act 1996 exhausted

HARRISON AND OTHERS v TECHNICAL SIGN COMPANY LTD AND OTHERS

[2013] BLR Plus 20

Part 20 proceedings - Breach of contract - Chain of causation negligence - Duty of care - Category of breach - Contributory negligence - Civil Liability (Contribution) Act 1978

NELSON'S YARD MANAGEMENT COMPANY AND OTHERS v EZIEFULA

[2013] BLR Plus 21

Discontinuance - Costs - CPR Part 38.6(1) - Default rule - Reasons for departure from rule - Pre-action protocols - Non-compliance with spirit of protocols - Party Wall etc Act 1996

TURVILLE HEATH INC v CHARTIS INSURANCE UK LTD (FORMERLY AIG UK LTD)

[2013] BLR Plus 22

Arbitration Act 1996, section 9 - Stay to arbitration - Dispute resolution clause not an arbitration agreement

WILLMOTT DIXON HOUSING LTD (FORMERLY INSPACE PATNERSHIPS LTD) v NEWLON HOUSING TRUST

[2013] BLR Plus 23

Adjudication - Referral of disputes - Service of referral - Referral of more than one dispute to the same adjudicator

MID ESSEX HOSPITAL SERVICES NHS TRUST v COMPASS GROUP UK AND IRELAND LTD (TRADING AS MEDIREST)

[2013] BLR Plus 24

Contract - Interpretation - Implied term - Good faith

LAZARI v LONDON & NEWCASTLE (CAMDEN) LTD

[2013] BLR Plus 25

Civil Procedure Rules - Overriding objective - CPR Part 3.1

MORRIS HOMES (WEST MIDLANDS) LTD v KEAY AND ANOTHER

[2013] BLR Plus 26

Arbitration Award - Arbitration Act 1996, section 69 - Permission to appeal on question of law - Criteria - Summary approach - Clear cut criteria

HEIFER INTERNATIONAL LTD v (1) HELGE CHRISTIANSEN (2) CHRISTIANSEN ARKITEKTER KS MAA PAR

[2013] BLR Plus 27

Discharge of charging orders

MANOLETE PARTNERS PLC v HASTINGS BOROUGH COUNCIL

[2013] BLR Plus 28

Building Act 1984 - Section 78 - Exercise of power - Section 106 - Claim for compensation - Independent cause of action not required - Meaning of "in default" - Effect of section 77 application to Magistrates' Court

TRANSPORT FOR GREATER MANCHESTER (FORMERLY GREATER MANCHESTER PASSENGER TRANSPORT EXECUTIVE v THALES TRANSPORT & SECURITY LTD

[2013] BLR Plus 29

Disclosure - Litigation privilege - Civil evidence

VERTASE F.L.I LTD v SQUIBB GROUP LTD (NO 2)

[2013] BLR Plus 30

Adjudication - Second adjudication between parties - Same adjudicator - Whether adjudicator in first adjudicator made findings on deduction of liquidated damages - Findings on withholding notices and or "no loss" - Enforcement - Whether adjudicator reconsidering or changing his mind on matter already decided

TELFORD HOMES (CREEKSIDE) LTD v AMPURIUS NU HOMES HOLDINGS LTD

[2013] BLR Plus 31

Due diligence - Repudiation

CO-OPERATIVE GROUP LTD v BIRSE DEVELOPMENTS LTD AND ANOTHER

[2013] BLR Plus 32

Amendments - New cause of action - Change in essential factual elements - CPR Part 17.4

AB AND ANOTHER v CD LTD

[2013] BLR Plus 33

Mediation - Mediation agreement requiring written agreement - Mediation hearing ended without settlement - Discussions between parties continuing - agreement reached but Tomlin order not finalised

ASPECT CONTRACTS (ASBESTOS) LTD v HIGGINS CONSTRUCTION PLC

[2013] BLR Plus 34

Adjudication - Proceedings challenging the adjudicator's decision - Cause of action - Implied term for repayment - Restitution - Negative declarations - Limitation period

SHORELINE HOUSING PARTNERSHIP LTD v MEARS LTD

[2013] BLR Plus 35

Application to strike out particulars of claim - Estoppel by convention - Estoppel by representation - Misrepresentation

TSG BUILDING SERVICES PLC v SOUTH ANGLIA HOUSING LTD

[2013] BLR Plus 36

Adjudication - Enforcement - Part 8 proceedings - Jurisdiction of the adjudicator - Contractual construction

R&S FIRE AND SECURITY SERVICES LTD v FIRE DEFENCE PLC

[2013] BLR Plus 37

Winding-up petition - Interim application - Lack of Pay Less Notice - Whether petitioner entitled to present petition

HAMID (T/A HAMID PROPERTIES) v FRANCIS BRADSHAW PARTNERSHIP

[2013] BLR Plus 38

Appeal - CPR 52.11(2) - Application to admit fresh evidence

CIMC RAFFLES OFFSHORE (SINGAPORE) LTD AND ANOTHER v SCHAHIN HOLDING SA

[2013] BLR Plus 39

Guarantee - Guaranteed contract - Variations to underlying contract - Variations outside purview of guarantee - Rule of law or construction

ELVANITE FULL CIRCLE LTD v AMEC EARTH & ENVIRONMENTAL (UK) LTD (NO 2)

[2013] BLR Plus 40

Costs - Basis of assessment - Revisions to and departures from costs management orders

URBAN 1 (BLONK STREET) LTD v AYRES AND ANOTHER

[2013] BLR Plus 41

Sale of land - Completion - Developer's works - Time to complete work - Effect on sale - Repudiation of sale agreement - Delays in works

THAMESIDE CONSTRUCTION CO LTD v STEVENS AND ANOTHER

[2013] BLR Plus 42

Adjudication - Enforcement - Set-off

VERNON KNIGHT ASSOCIATES v CORNWALL COUNCIL

[2013] BLR Plus 43

Nuisance - Escape of floodwater from highway - Duty to maintain - Natural nuisance - Extent of duty upon Council

ABB LTD v BAM NUTTALL LTD

[2013] BLR Plus 44

Enforceability of adjudicator's decision - Breach of rules of natural justice - Degree of seriousness of any breach - Status of decision

HAMMERSMATCH PROPERTIES (WELWYN) LTD v SAINT-GOBAIN CERAMICS AND PLASTICS LTD AND ANOTHER (NO 2)

[2013] BLR Plus 45

Costs - Defendant's Part 36 offer just less than sum awarded to claimant - Whether such "near miss" offer should be taken into account pursuant to CPR 44.2(4)(c)

GENESIS HOUSING ASSOCIATION LTD v LIBERTY SYNDICATE MANAGEMENT LTD FOR AND ON BEHALF OF LIBERTY SYNDICATE 4472 AT LLOYD'S

[2013] BLR Plus 46

Insurance - "Basis of contract" clauses - Warranty as to truth of statements - Breach of warranty - Effect of breach of warranty

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