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AMEC CAPITAL PROJECTS LTD v WHITEFRIARS CITY ESTATES LTD

[2005] BLR 1

Adjudication - Jurisdiction of adjudicator - JCT Standard Form with Contractor’s Design 1998 Edition - Clauses 39A.2 and 39A.3 - Named adjudicator dead - Scheme applicable - Fairness - Rules of natural justice - Bias - No jurisdiction on first adjudication - Same adjudicator appointed for second adjudication - Telephone conversation with adjudicator - Passing on of legal advice obtained by adjudicator.

ALAN JACKSON v MARLEY DAVENPORT LTD

[2005] BLR 13

Litigation privilege - Expert report - Whether CPR r 35.13 creates a power to order disclosure of expert report made earlier than that disclosed for use at trial.

LONDON FIRE AND EMERGENCY PLANNING AUTHORITY (LFEPA) v HALCROW GILBERT & CROW LIMITED v DG JONES

[2005] BLR 18

Privilege - Legal litigation privilege - Legal advice privilege - Report by expert consultant - Dominant purpose litigation or not - Purpose as expressed at time - Request for information from contracting party - Reason given for information - Reason now stated to be different.

BRYEN & LANGLEY LTD v BOSTON

[2005] BLR 28

Adjudication - Enforcement of adjudicator’s decision - Effect of adjudicator’s decision as to jurisdiction - Whether contractual terms included adjudication clause - Whether alleged agreement by employer not to seek further payment grounds for not enforcing adjudicator’s decision - Whether adjudication clause and/or clause limiting employer’s right of set-off unfair within meaning of Unfair Terms in Consumer Contracts Regulations 1999.

LUMBERMENS MUTUAL CASUALTY COMPANY v BOVIS LEND LEASE LTD

[2005] BLR 47

Liability - Insurance - Cover - Claim to recover under policy following global settlement - Ascertainment of loss.

COLLINS (CONTRACTORS) LTD v BALTIC QUAY MANAGEMENT (1994) LTD

[2005] BLR 63

Arbitration - Stay to arbitration under section 9 Arbitration Act 1996 - Whether applied to claim based on failure to issue notice of intention to withhold - Section 111 Housing Grants, Construction and Regeneration Act 1996 - Meaning of dispute.

A&S ENTERPRISES LTD v KEMA HOLDINGS LTD

[2005] BLR 76

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Natural justice - Impartiality - Bias - Appropriate test.

MARTIN MORTIMER JOCELYN MORTIMER v COLIN BAILEY PAMELA WATERTON-BAILEY

[2005] BLR 85

Breach of restrictive covenant - Grant of mandatory injunction - Substantial delay in applying for injunction.

WOOLCOCK STREET INVESTMENTS PTY LTD v CDG PTY LTD

[2005] BLR 92

Negligence - Duty of care - Pure economic loss - Construction of commercial premises - Whether engineer owed duty of care to subsequent owner. Negligence - Duty of care - Pure economic loss - Whether relationship of engineer and subsequent owner gave rise to duty - Salient features of relationship - Vulnerability - Assumption of responsibility - Reliance or dependence - Whether defects relevant - Whether contract with original owner relevant - Whether statutory protection relevant. Practice and procedure - Appeal by way of case stated - Whether cause of action on agreed facts - Sufficiency of pleading.

GEORGE WIMPEY UK LIMITED v VIC CONSTRUCTION LIMITED

[2005] BLR 135

Contract - Unilateral mistake - Sale contract - Formula for adjustment - Change to formula - “Overage” - Omission in formula. Contract - Rectification - Dishonesty not pleaded - Belief necessary ingredient - Knowledge of mistake.

INDESCON LIMITED v OGDEN

[2005] BLR 152

Arbitration - Delay - Delay in appointing arbitrator after service of arbitration notice - Whether right to apply for appointment had lapsed through effluxion of time - Whether implied term that such right should be used within reasonable period of time - Whether abandonment of notice - Whether repudiatory breach of arbitration agreement - Effect of service of second notice and appointment thereunder - Defendant’s responsibility for delay.

GEMMA LIMITED v MR and MRS GIMSON v MR and MRS DAVIES

[2005] BLR 163

Costs - Payment of costs by non-party - Section 4 Courts and Legal Services Act 1990.

CIB PROPERTIES LIMITED v BIRSE CONSTRUCTION

[2005] BLR 173

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Section 108 - Scheme for Construction Contracts - Complex dispute - Appropriateness of adjudication - Adjudicator’s slip - Timescales and timetable - Court’s powers if any slip - Dispute - What constitutes a dispute - Extensions of time in adjudication - Disclosure of documents in adjudication.

ABBOTT AND ANOTHER v WILL GANNON & SMITH LTD

[2005] BLR 195

Limitation - Negligence - Damage to building - Date of discoverability of damage - Date when damage occurred - Economic loss - Date of economic loss.

CONNEX SOUTH EASTERN LTD v MJ BUILDING SERVICES GROUP plc

[2005] BLR 201

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Whether parties joint contractors under the agreement - Effect of further agreement - Entitlement to adjudicate “at any time”.

EIRIKUR MAR PETURSSON AND ANOTHER v HUTCHISON 3G UK LTD

[2005] BLR 210

Costs capping order - Jurisdiction - Discretion - Factors to take into account - Timing of application - Early application desirable - Retrospective cap - Costs between application and order - Exceptional power - Cap on prospective costs - Human Rights - Fair hearing.

MORGAN EST (SCOTLAND) LTD v HANSON CONCRETE PRODUCTS LTD

[2005] BLR 218

Amendment - Addition of claimants - CPR Rules 17.4 and 19.5 - Mistake by claimant - Expiry of limitation periods at date of application - Pre-CPR practice - Overriding Objective - No prejudice.

AMEC CIVIL ENGINEERING LTD v SECRETARY OF STATE FOR TRANSPORT

[2005] BLR 227

ICE Conditions of Contract - Clause 66 referral of disputes or differences to the engineer - Whether decision of engineer contractually valid - Existence of dispute for referral - Whether the engineer’s decision was fair - Relevance of Rules of Natural Justice - Scope of the engineer’s decision and of the arbitration proceedings.

OBG LTD AND ANOTHER v IAN JOHN ALLEN AND OTHERS

[2005] BLR 245

Tort - Wrongful interference with contractual relations - Conversion in relation to contractual rights - Invalidly appointed receivers - Assuming control of company’s building contracts - Intention to procure breach of contract.

ALFRED McALPINE CAPITAL PROJECTS LIMITED v TILEBOX LIMITED

[2005] BLR 271

Liquidated and Ascertained Damages Clause - Interpretation - Penalty Clause.

NATIONAL VULCAN ENGINEERING INSURANCE GROUP LTD v (1) PENTAX PTY LTD t/a LIF-RIG (2) MULTIPLEX

[2005] BLR 287

Contract - Construction of terms - Indemnity - Indemnity in sub-contract regarding payments “for or in respect of” personal injury - Insurance indemnity “for or in respect of” personal injury. Contract - Exclusion clause - Clause in respect of matters “for” personal injury - Insurance - Indemnity - Construction of terms.

PALMAC CONTRACTING LIMITED v PARK LANE ESTATES LIMITED

[2005] BLR 301

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Dispute - Service of application - E-mail - Jurisdiction reinforcement - Breach of natural justice.

CARILLION CONSTRUCTION LIMITED v DEVONPORT ROYAL DOCKYARD

[2005] BLR 310

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Scheme for Construction Contracts (England and Wales) Regulations 1998, paragraph 20(c) - Power of adjudicator to award interest. Fairness - Duty to hear both parties - Adjudicator not required to consider matters not relevant to the substance of decision.

BURCHELL, MR N F v BULLARD, MR AND MRS AND OTHERS

[2005] BLR 330

Costs - Judgments on claim and counterclaim - Part 44.3(7) and (6)(a) - Making order for a proportion of the costs. Mediation - unreasonable refusal to mediate.

X LTD v Y LTD

[2005] BLR 341

Jurisdiction of arbitrators - Arbitration Act 1996 section 67 - Claims relating to two contracts - Both contracts with arbitration clauses - Disputes or differences arising out of or relating to the contract - Claim for contribution relating to another contract - Contractual interpretation.

LESOTHO HIGHLANDS DEVELOPMENT AUTHORITY v IMPREGILO SpA

[2005] BLR 351

Arbitration - Award - Serious irregularity - Contract stipulating currency of account and applicable law - Award in different currency.

CLAIRE & CO LTD v THAMES WATER UTILITIES LTD

[2005] BLR 366

Arbitration - Arbitration Act sections 33, 34, 67 and 68 - Applications to court - Jurisdiction - Serious irregularity - Agreed or unchallenged evidence - Arbitrator’s obligation if any to accept - Findings of fact - Application to amend claim.

WIMBLEDON CONSTRUCTION COMPANY 2000 LIMITED v DEREK VAGO

[2005] BLR 374

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Enforcement of adjudicator’s award by summary judgment - CPR Part 24. Grounds for stay of execution on judgment - CPR Part 50, RSC Order 47 - Special circumstances where claimant may be unable to repay sums awarded in later arbitration or litigation.

RITCHIE BROTHERS (PWC) LTD v DAVID PHILP (COMMERCIALS) LTD

[2005] BLR 384

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Scheme for Construction Contracts (Scotland) Regulations 1998 - Paragraph 19 of Scheme - Effect of adjudicator’s failure to reach decision timeously (not later than 28 days after date of referral notice).

YORKSHIRE WATER SERVICES LTD v TAYLOR WOODROW CONSTRUCTION NORTHERN LTD and Others

[2005] BLR 395

Permission to appeal - TCC judgment - Factual decisions - Court of Appeal’s approach to findings of fact - CPR Rules 52.11 - Reluctance to interfere.

HYUNDAI ENGINEERING AND CONSTRUCTION COMPANY LTD v VIGOUR LTD

[2005] BLR 416

Contract - Certainty of terms - Settlement agreement - Agreement to agree - Differences referable to managing directors to negotiate - Reference to unspecified third party mediation procedure - Validity of agreement - Repudiation of the agreement - Unenforceability - Ouster of court’s jurisdiction.

BAKER & DAVIES PLC v LESLIE WILKS ASSOCIATES

[2005] BLR 425

Contribution - Limitation - Civil Liability (Contribution) Act 1978 - Section 1 - Limitation Act 1980 - Section 10 - Right to contribution within two years after agreement to make payment - Payment in kind - Work done payment - Agreement to be in bona fide settlement - Time runs from such agreement.

McGLINN (IAN) v WALTHAM CONTRACTORS LTD and Others

[2005] BLR 432

Pre-Action Protocol for Construction and Engineering Disputes - Claims made at that stage dropped in proceedings - Costs thrown away by defendant - Section 51 of the Supreme Court Act 1981 - Costs of and incidental to the proceedings - Court’s powers - Exceptional circumstances - Unreasonable conduct.

HENRY BOOT CONSTRUCTION LTD v ALSTOM COMBINED CYCLES LTD

[2005] BLR 437

Limitation - Date of accrual of cause of action - ICE Conditions of Contract (6th edition) - Claims under contract for value of work done and materials supplied - Whether causes of action accrued when work done or on issue of interim certificates - Whether claim under clause 46 subject to certification provisions - Whether fresh cause of action accrued on issue of final certificate - When cause of action accrued in respect of claim for interest on sums which should have been certified. Arbitration - Appeals - Leave to appeal to House of Lords where judge-arbitrator - Section 69(8) of the Arbitration Act 1996 - Proper test - Paragraph 4.5 of House of Lords Practice Direction Applicable to Civil Appeals - Leave to appeal against refusal to grant leave to appeal.

WILTSHIRE COUNTY COUNCIL v CREST ESTATES LTD

[2005] BLR 458

Contract - Indemnity - Compensation - Land Compensation Act 1973. Indemnity - Construction - Whether included statutory compensation under statute.

BRIGGS & FORRESTER ELECTRICAL LTD v (1) GOVERNORS OF SOUTHFIELD SCHOOL FOR GIRLS (2) NORTHAMPTONSHIRE COUNTY COUNCIL

[2005] BLR 468

Pre-action disclosure - CPR Part 31.16 - Whether categories of documents disclosable in standard disclosure - Whether desirable to order disclosure - Court’s discretion to order disclosure.

INTENSE INVESTMENTS LTD v DEVELOPMENT VENTURES LTD

[2005] BLR 478

Civil Procedure Rules - CPR Part 12.4 - Judgment in default. Civil Procedure Rules - CPR Part 12.4(2)(a) and CPR Part 23 - Requirement to give notice of application for judgment in default for certain remedies. Civil Procedure Rules - CPR Part 13.3 - Setting aside judgment in default - Matters to be considered in exercise of discretion.

JOHN ROBERTS ARCHITECTS LTD v PARKCARE HOMES (NO 2) LTD

[2005] BLR 484

Adjudication - RIBA Conditions of Engagement (CE/99) - Model Adjudication Procedures - Discontinuance of reference by referring party - Adjudicator’s right to make a costs award - Implied terms - Estoppel.

ROBERTSON GROUP (CONSTRUCTION) LTD v (1) AMEY MILLER (EDINBURGH) JOINT VENTURE AND OTHERS

[2005] BLR 491

Contract - Whether words direct costs and directly incurred losses include profit and contribution to overheads.

STOKES PENSION FUND v WESTERN POWER DISTRIBUTION

[2005] BLR 497

Costs - CPR Part 36 - CPR Part 36 defendant’s pre-action settlement offer - CPR Part 36 payment not made within 14 days of commencement of proceedings - Whether offer should be taken into account in exercising discretion as to costs - Withdrawal of offer - Effect of withdrawal on costs.

BRYEN & LANGLEY LTD v MARTIN BOSTON

[2005] BLR 508

Adjudication - JCT Contract 1998 Edition, Private with Quantities - Adjudication clause - Whether JCT Conditions incorporated - Unfair terms - Unfair Terms in Consumer Contracts Regulations 1999 - Whether adjudication clause unfair term - Requirement of good faith - Fair and open dealing - Terms imposed by employer - Judge’s summary assessment of costs - Correct approach.

BIRSE CONSTRUCTION LTD v McCORMICK (UK) LTD

[2005] BLR 523

Contract - Limitation - Date of accrual of cause of action - Whether claim statute-barred.

SUREFIRE SYSTEMS LTD v GUARDIAN ECL LTD

[2005] BLR 534

Arbitration - Appeal - Application of sections 69 and 70(3) Arbitration Act 1996.

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