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MERIT HOLDINGS LTD v MICHAEL J LONSDALE LTD
[2018] BLR Plus 1
CPR Part 8 - Declarations - Substance of claim - Whether adjudication business - Whether TCC Guide followed - Disputes of fact - Determining contractual terms
R (HERSI & CO SOLICITORS) v THE LORD CHANCELLOR (AS SUCCESSOR TO THE LEGAL SERVICE COMMISSION)
[2018] BLR Plus 2
Procurement - Public Contracts Regulations 2006 (SI 2006 No 5)
PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LTD v SAMSUNG ENGINEERING TRINIDAD CO LTD
[2018] BLR Plus 3
Arbitration Act 1996, section 67 - Jurisdiction of Tribunal to decide dispute - Challenge to the Arbitration Award - Status of Terms of Reference
MULTIPLEX CONSTRUCTION EUROPE LTD (FORMERLY BROOKFIELD MULTIPLEX CONSTRUCTION EUROPE LTD) v DUNNE
[2018] BLR Plus 4
Indemnity - Whether contract gave rise to primary or secondary obligations - Nature of obligations owed
ADAM ARCHITECTURE LTD v HALSBURY HOMES LTD
[2018] BLR Plus 5
Adjudication - Pay Less Notices - Final account - Termination
THE ROYAL DEVON & EXETER NHS FOUNDATION TRUST v ATOS IT SERVICES UK LTD
[2018] BLR Plus 6
Contract - Limitation of liability - Consequential damages - Exclusion of liability - Points of construction - Appeal from findings on preliminary issues
DYNNIQ UK LTD v LANCASHIRE COUNTY COUNCIL
[2018] BLR Plus 7
Contractual interpretation - Term service contract - Entitlement to payment
SYSTEMS PIPEWORK LTD v ROTARY BUILDING SERVICES LTD
[2018] BLR Plus 8
Payment notices - Final account - Validity - Whether document notifies the "proper amount due for payment" - Whether adjudication notice constitutes notice of "dissent" from notification of amount due
ZIGGURAT (CLAREMONT PLACE) LLP v CC INTERNATIONAL INSURANCE COMPANY PLC
[2018] BLR Plus 9
Bond - Position of Surety - JCT 2011 standard building contract - Termination of contract - Need for financial accounting - Insolvency and other defaults - Liability of contractor - Liability under Bond
BURNSIDE v PROMONTORIA (CHESTNUT) LTD
[2018] BLR Plus 10
Contract - Implied term that it be performed "within a reasonable time" - Whether excluded by entire agreement clause - Whether necessary to stipulate what was a "reasonable time"
NORTHERN IRELAND HOUSING EXECUTIVE v HEALTHY BUILDINGS (IRELAND) LTD
[2018] BLR Plus 11
NEC3 - Professional Services Contract - Clauses 60 to 65 - Compensation events - Assessment of the effect of the compensation event - Basis of calculation
VICTORY HOUSE GENERAL PARTNER LTD v RGB P&C LTD
[2018] BLR Plus 12
Adjudication - Natural justice - New points raised by adjudicator - Parties given opportunity to respond - Part 8 proceedings - Inappropriate where factual issues exist
GLEN WATER LTD v NORTHERN IRELAND WATER LTD
[2018] BLR Plus 13
Contractors' claims - Compensation events - Notice requirements - Conditions precedent - Interpretation of notices - Whether notice of compensation event claim given
GROVE DEVELOPMENTS LTD v S&T(UK) LTD
[2018] BLR Plus 14
Notices - Contractual requirements - Whether strictly satisfied
INTERACTIVE E SOLUTIONS JLT AND ANOTHER v O3B AFRICA LTD
[2018] BLR Plus 15
Contract - Exclusion clause - Interpretation of the exclusion clause - Whether a claim for damages fell within the fraud proviso - What comprises relevant fraud to bring a claim within the fraud proviso
PROBUILD CONSTRUCTIONS (AUST) PTY LTD v SHADE SYSTEMS PTY LTD AND ANOTHER
[2018] BLR Plus 16
Administrative Law - Judicial review - Certiorari - Whether error of law on face of record - Whether adjudicator's decision amenable to relief - Whether Building and Construction Industry Security of Payment Act 1999 (NSW) ousted jurisdiction of Supreme Court under Supreme Court Act 1970 (NSW).
PHONES 4U LTD (IN ADMINISTRATION) v EE LTD
[2018] BLR Plus 17
Contract - Termination of contract for breach - Notice of termination under contractual provisions - Subsequent reliance on repudiatory breach - Damages for loss of bargain.
AMEY BIRMINGHAM HIGHWAYS LTD v BIRMINGHAM CITY COUNCIL
[2018] BLR Plus 18
Contractual interpretation - PFI contract - Independent certification - Manifest error.
EL GAMAL v SYNERGY LIFESTYLE LTD
[2018] BLR Plus 19
Costs - Part 36 offers - Part payments on account of liability - Whether part payment reduces the amount of an earlier Part 36 offer.
EQUITIX ESI CHP (WREXHAM) LTD v BESTER GENERACION UK LTD
[2018] BLR Plus 20
Adjudication - Ad hoc adjudications - Construction operations - Scheme - Reservation for jurisdiction objections - Stay of proceedings - Quality of evidence about ability to repay.
BUBBLES & WINE LTD v LUSHA
[2018] BLR Plus 21
Court proceedings - Bias apparent or actual - Objective test of fair-minded and informed observer - Seeing one side's counsel - Expression of preliminary or provisional views - Judge's request that such views be passed on - Judge's emails to parties thereafter.
CLIN v WALTER LILLY & CO LTD
[2018] BLR Plus 22
JCT Standard Building Contract with Quantities (2005 Edition, Revision 2) - Implied terms - Incidence of responsibility for planning permits and consents - Scope of implied obligation in relation to planning permits and consents - Allocation of risk of failure to obtain required permissions and consents.
COMPUTER ASSOCIATES UK LTD v THE SOFTWARE INCUBATOR LTD
[2018] BLR Plus 23
Commercial Agents (Council Directive) Regulations 1993 (SI 1993 No 3053) - Software supply - Whether "goods" for purposes of Regulations.
LLOYDS BANK PLC v McBAINS COOPER CONSULTING LTD
[2018] BLR Plus 24
Progress monitoring - Scope of duty - Causation - Contributory negligence.
GOSVENOR LONDON LTD v AYGUN ALUMINIUM UK LTD
[2018] BLR Plus 25
Enforcement of an adjudicator's decision - Challenge to enforcement on the grounds of fraud - Application for a stay - Applicable principle where risk claimant would organise its affairs for the purpose of avoiding repayment of adjudication sum.
TETRONICS (INTERNATIONAL) LTD v HSBC BANK PLC BLUEOAK ARKANSAS LLC (INTERVENER)
[2018] BLR Plus 26
Bank Guarantee - Call - Injunction - Restraining Bank - Fraud exception - Balance of convenience.
DAEWOO SHIPBUILDING & MARINE ENGINEERING COMPANY LTD v SONGA OFFSHORE EQUINOX LTD AND ANOTHER
[2018] BLR Plus 27
Arbitration claim - Arbitration Act 1996, section 69 - 28-day period within which to appeal - Date from which time starts to run under Arbitration Act 1996, section 70 - Materiality - Application for extension of time under Arbitration Act 1996, section 80.
HALLIBURTON COMPANY v CHUBB BERMUDA INSURANCE LTD AND OTHERS
[2018] BLR Plus 28
Arbitration - Arbitrators - Bias apparent or actual - Objective test of fair-minded and informed observer - Arbitrator's appointment in multiple references - Same or overlapping subject matter - Need for disclosure - Circumstances which may give rise to justifiable doubts as to his impartiality - Consequences of non-disclosure - IBA Guidelines - Arbitration Act 1996 section 24(1)(a).
R G CARTER BUILDING LTD v KIER BUSINESS SERVICES LTD (FORMERLY MOUCHEL BUSINESS SERVICES LTD)
[2018] BLR Plus 29
Settlement - Contribution - Civil Liability (Contribution) Act 1978, section 1(4) - Limitation Act 1980, section 10(4) - Date of agreement - Whether binding agreement necessary to start limitation period running - Extent of agreement required where settlement payment is payment in kind.
PROBUILD CONSTRUCTIONS (AUST) PTY LTD v DDI GROUP PTY LTD
[2018] BLR Plus 30
Adjudication - Construction contract - Australia - Building and Construction Industry Security of Payment Act 1999 (NSW) - Set-off for liquidated damages - Entitlement to extension of time - Possible act of prevention - Scope of what was referred to adjudication - Breach of natural justice - Rough justice - Analysis of adjudication submissions on pragmatic non-legalistic basis.
EASTERN EUROPEAN ENGINEERING LTD v VIJAY CONSTRUCTION (PROPRIETARY) LTD
[2018] BLR Plus 31
Freezing order - CPR 25(1)(F) - Arbitration Act 1996, section 101 - Application for relief in support of Arbitration Enforcement Proceeding - Circumstances in which worldwide freezing order appropriate
LANCASHIRE CARE NHS FOUNDATION TRUST AND BLACKPOOL TEACHING HOSPITALS NHS FOUNDATION TRUST v LANCASHIRE COUNTY COUNCIL
[2018] BLR Plus 32
Procurement - Public Contracts Regulations 2015 (SI 2015 No 102) - "Light Touch" Procedure under regulations 74 to 76 - Obligation of transparency - Lack of records of evaluation process - Whether decision unlawful
HABERDASHERS' ASKE'S FEDERATION TRUST LTD, THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF LEWISHAM v LAKEHOUSE CONTRACTS LTD, CAMBRIDGE POLYMER ROOFING LTD (ZURICH INSURANCE, QBE CASUALTY SYNDICATE 386 AND CNA INSURANCE COMPANY LTD, THIRD PARTIES)
[2018] BLR Plus 33
Insurance - Project Insurance - Contractors' All Risk Insurance - Subrogation - Whether sub-contractor co-insured
GOODLIFE FOODS LTD v HALL FIRE PROTECTION LTD
[2018] BLR Plus 34
Unfair Contract Terms Act 1977 - Sections 2 and 11 and Schedule 2 - Fire - Exclusion clause - Claim in negligence and breach of statutory duty - Bringing notice of exclusion clause to the attention of the customer - Effect on remainder of clause - Reasonableness of clause
ROCK ADVERTISING LTD v MWB BUSINESS EXCHANGE CENTRES LTD
[2018] BLR Plus 35
"No oral modification" clauses - Whether legally effective - Whether "no oral modification" clauses can be varied orally - Whether intention to vary a "no oral modification" clause is implied from an attempted oral variation of substantive obligations - Analogy with "entire agreement" clauses - Estoppel
VINCI CONSTRUCTION UK LTD v BEUMER GROUP UK LTD
[2018] BLR Plus 36
Adjudication - Breach of natural justice - Inconsistent findings with previous decisions - Failure to give reasons for decision - Failure to order disclosure of material from another adjudication in which an inconsistent case was allegedly advanced
MOORE AND ANOTHER v NATIONAL WESTMINSTER BANK
[2018] BLR Plus 37
Measure of damages - Diminution in value - Cost of repair - Approach to evidence by trial judge - Mortgage valuation - Home Buyers Report
NORTH MIDLAND BUILDING LTD v CYDEN HOMES LTD
[2018] BLR Plus 38
Acts of prevention - JCT Design and Build Contract 2005 - Extension of time - Concurrent delay caused by Contractor - Clause requiring such concurrent delays to be disregarded enforceable - Implied term preventing imposition of liquidated damages
SINGLE BUOY MOORINGS INC v ASPEN INSURANCE LTD (ON BEHALF OF ALL UNDERWRITERS SUBSCRIBING TO POLICY NO HL250608 SAVE FOR AIG EUROPE LTD)
[2018] BLR Plus 39
CPR 31.20 - Disclosure by party of privileged material by mistake - Application by other party to rely on the documents - Litigation Privilege - Without prejudice privilege - Redactions from disclosed documents
MICHAEL J LONSDALE (ELECTRICAL) LTD v BRESCO ELECTRICAL SERVICES LTD (IN LIQUIDATION)
[2018] BLR Plus 40
Adjudication - Insolvency set-off - Whether company in liquidation can refer dispute to adjudication where dispute includes determination of claim for further sums said to be due to referring party from responding party - Insolvency Rules 1986 (SI 1986 No 1925), r 4.90 - Insolvency Rules (England and Wales) 2016 (SI 2016 No 1024), r 14.25
SWANSEA STADIUM MANAGEMENT COMPANY LTD v CITY AND COUNTY OF SWANSEA AND ANOTHER
[2018] BLR Plus 41
Limitation - CPR Part 3.4(2) - Striking out a statement of case - CPR Part 24.2 summary judgment on a defence - Case management
HODGSON v NATIONAL HOUSE BUILDING COUNCIL
[2018] BLR Plus 42
NHBC Scheme - Claim under Buildmark Policy - Settlement agreement of claim by householder - CPR Part 24 - Summary judgment sought on defence - CPR Part 3(4) - Strike out of claimant's statement of case - Whether there was a recoverable loss - previously litigated claims - abuse of process
NETWORK RAIL INFRASTRUCTURE LTD v WILLIAMS AND ANOTHER
[2018] BLR Plus 43
Private nuisance - Japanese knotweed
GLOBALNET MANAGEMENT SOLUTIONS INC AND OTHERS v CORNERSTONE CBS BUILDING SOLUTIONS LTD AND ANOTHER
[2018] BLR Plus 44
Damages - Tort and contract - Original client's transfer of property - Transfer not at arm's length - No assignment of causes of action - Remedial works costs incurred by original client - Principle that defaulting parties should not avoid liability
BILFINGER CONSTRUCTION UK LTD v THE EDINBURGH TRAM INQUIRY
[2018] BLR Plus 45
Public inquiry - Restriction order - Confidential information - Challenge to refusal to give restriction order - Whether decision contrary to duty of fairness in Inquiries Act 2005, section 17(3) - Whether decision unlawful interference with possessions under A1P1 - Whether decision rational
PALMER BIRCH (A PARTNERSHIP) v LLOYD AND ANOTHER
[2018] BLR Plus 46
Economic torts - Inducing breach of contract - Unlawful interference - Failure to fund contracting party - Distinction between mere prevention and inducement - Unlawful means conspiracy - Effect of corporate veil on claims against directors for conspiracy - Conversion.
RADBOURN GROUP LTD v FAIRGATE DEVELOPMENTS LTD
[2018] BLR Plus 47
Assessment of damages - Causation of loss - Relevance of factors likely to have occurred after termination - Whether damages to be assessed as loss of chance.
BOND v MACKAY AND OTHERS
[2018] BLR Plus 48
Arbitration - Jurisdiction - Scope of referred dispute - Interpretation of referral document - Factual background to be considered.
DHL SUPPLY CHAIN LTD v SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE (UNIPART GROUP LTD, INTERESTED PARTY)
[2018] BLR Plus 49
Procurement - Public Contracts Regulations 2015 (SI 2015 No 102) - CPR Part 24 - Summary judgment sought by defendant.
CLEVELAND BRIDGE UK LTD v SARENS (UK) LTD
[2018] BLR Plus 50
Final determination of a dispute about the terms of a subcontract - Following the decision of an adjudicator - The claimant sought declaratory relief to resolve the dispute.