i-law.com

CREST NICHOLSON OPERATIONS LTD AND ANOTHER v GRAFIK ARCHITECTS LTD AND ANOTHER

[2022] BLR Plus 3

Striking out - No reasonable grounds - Abuse of process - Lack of particularity - Failure to disclose reasonable grounds for bringing the claim - Need for information request to be made - Need for expert evidence in support

MANSION PLACE LTD v FOX INDUSTRIAL SERVICES LTD

[2022] BLR Plus 4

Whether there had been agreement to forgo claiming liquidated damages - Whether an extension of time claim had to be determined before a notice of non-completion could be served - Whether liquidated damages were a penalty - Whether the liquidated damages provision was inoperative and unenforceable

BUILDING DESIGN PARTNERSHIP LTD v STANDARD LIFE ASSURANCE LTD

[2022] BLR Plus 5

Pleadings - Extrapolation of claims - Strike out application under CPR 3.4(2)(a) and (b)

NAYLOR AND OTHERS v ROAMQUEST LTD AND ANOTHER

[2022] BLR Plus 6

Amendments to particulars of claim under CPR r 17.1(2)(b) - Striking out - Real prospect of success - Pleading of case on defects

CDE v NOP

[2022] BLR Plus 7

Arbitration - Confidentiality - Contractual rights - Need for open justice - Hearings in private - CPR 39.2 - CPR 62.10 - Case management conference in private

RUSHBOND PLC v THE JS DESIGN PARTNERSHIP LLP

[2022] BLR Plus 8

Property damage by third parties - Negligence - Duty of care - Omissions - Strike out - Whether arguable case of duty of care - Whether "pure omission" - Exceptions to rule against liability for "pure omissions"

FAIRGROVE HOMES LTD v MONUMENT TWO LTD

[2022] BLR Plus 9

Construction contracts - Enforcement - Adjudicators' decisions - Tomlin Orders - Interpretation

ACCESS FOR LIVING v LONDON BOROUGH OF LEWISHAM

[2022] BLR Plus 10

Procurement – Public Contracts Regulations 2015 (SI 2015 No 102), Regulation 92 – Limitation – Application to extend time – “Good reason” under the Regulations – Whether time should be extended.

IDEAL SHOPPING DIRECT LTD AND OTHERS v MASTERCARD INCORPORATED AND OTHERS and IDEAL SHOPPING DIRECT LTD AND OTHERS v VISA EUROPE LTD AND OTHERS

[2022] BLR Plus 11

Service - Amendments of claimed forms - Service of unsealed claim forms - Whether outside limitation period - Jurisdiction of the court - CPR Part 7.5 - CPR Part 3.10 - Errors of procedure - Whether capable of rectification

CAMERON TAYLOR CONSULTING LTD AND ANOTHER v BDW TRADING LTD

[2022] BLR Plus 12

Application to amend after expiry of limitation period - Limitation Act 1980, sections 14B and 35 - Application of CPR 17.4 - Application to substitute a party - Application of CPR 19.5

MULALLEY & CO LTD v MARTLET HOMES LTD

[2022] BLR Plus 13

Pleadings - Reply - Whether adding new claim in Reply - Application to strike out parts of Reply - Whether permitted - Claim should be added to Particulars of Claim by amendment - CPR Part 3.4(2)(a) and Part 7.5

HIRST AND ANOTHER v DUNBAR AND OTHERS

[2022] BLR Plus 14

Contract formation – Quantum meruit – Limitation – Accrual of cause of action for reasonable sum – Scheme for Construction Contracts.

ATOS SERVICES UK LTD v THE SECRETARY OF STATE FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY AND ANOTHER

[2022] BLR Plus 15

Procurement – Public Contracts Regulations 2015 (SI 2015 No 102) – Expert evidence – Issues upon which expert evidence ought to be given – Principles to be applied – Admissibility.

EXCESSION TECHNOLOGIES LTD v POLICE DIGITAL SERVICE

[2022] BLR Plus 16

Procurement - Limitation - Time-bar - Whether extention should be granted

ALEBRAHIM v BM DESIGN LONDON LTD

[2022] BLR Plus 17

Contract for interior design services – Contract construction – Meaning of “the total cost of the works” – Trade price or agreed estimate.

STEVE WARD SERVICES (UK) LTD v DAVIES & DAVIES ASSOCIATES LTD

[2022] BLR Plus 18

Adjudication - Adjudicator's fees - Adjudicator resigning - Entitlement to fees - Whether Unfair Contract Terms Act 1977 applied - Bad faith - Whether rate reasonable - Costs

AVANTAGE (CHESHIRE) LTD AND OTHERS v GB BUILDING SOLUTIONS LTD (IN ADMINISTRATION) AND OTHERS

[2022] BLR Plus 19

Damage by fire - Summary judgment - Duty of care - Assumption of responsibility - Economic loss - Physical damage - Acts or omissions

GEOQUIP MARINE OPERATIONS AG v TOWER RESOURCES CAMEROON SA AND ANOTHER

[2022] BLR Plus 20

Contract sum - Whether late invoice defeated right to be paid - Whether term a condition that made time of the essence - Estoppel by convention - Whether shared assumption sufficiently clear - Whether unequivocal communication that crossed the line - Estoppel by contract - Whether recitals went beyond statement of facts - Guarantee - Whether guarantee discharged by material variation to underlying contract

TRANSPARENTLY LTD v GROWTH CAPITAL VENTURES LTD

[2022] BLR Plus 21

Mandatory injunction - Serious issue to be tried - High degree of assurance that right will be established - Damages and adequate remedy - Balance of convenience - Least, risk of injustice - Application for delivery up of software - Cross undertaking in damages

BENKERT UK LTD v PAINT DISPENSING LTD

[2022] BLR Plus 22

Limitation of liability - Unfair Contract Terms Act 1977 - Reasonableness

THE PUBLIC INSTITUTION FOR SOCIAL SECURITY v BANQUE PICTET & CIE SA AND OTHERS

[2022] BLR Plus 23

Judgment - Draft judgment distributed to parties - Embargo on draft judgment - Breach of embargo

GENERAL DYNAMICS UNITED KINGDOM LTD v THE STATE OF LIBYA

[2022] BLR Plus 24

Ex parte injunction – Application to set aside – Duty of full and frank disclosure – Arbitration Act 1996, section 101 – Service on state – Dispensation with service – State Immunity Act 1978, section 12.

THE RUGBY FOOTBALL LTD v CLARK SMITH PARTNERSHIP LTD AND ANOTHER and F M CONWAY LTD v THE RUGBY FOOTBALL LTD AND ANOTHER

[2022] BLR Plus 25

Construction contracts - Insurance - Agency - Interpretation - Contribution - Preliminary issues

BEXHEAT LTD v ESSEX SERVICES GROUP LTD

[2022] BLR Plus 26

Adjudication - Enforcement - Serial adjudications - Whether same dispute

VAN OORD UK LTD v DRAGADOS UK LTD

[2022] BLR Plus 27

Adjudication - Natural justice - Need to canvass with parties points not presented by them - Intermediate position between parties' cases

JOHN GRAHAM CONSTRUCTION LTD v TECNICAS REUNIDAS UK LTD

[2022] BLR Plus 28

Adjudication enforcement - Disputed contra-charge - Severance of part of adjudicator's decision - Effect of arbitration award overturning earlier adjudicator's decision on matters to be decided in a later adjudication - Waiver of jurisdiction objection

IBM UK LTD v LZLABS GMBH AND OTHERS

[2022] BLR Plus 29

Tort of inducing a breach of contract – Liability of company director for inducing a breach of contract by the company of which he is a director – Directors’ powers and duties – Strike out pursuant to CPR Part 3.4(2)(a) or (b) – Summary judgment pursuant to CPR Part 24.

AIC LTD v FEDERAL AIRPORTS AUTHORITY OF NIGERIA

[2022] BLR Plus 30

Overriding objective - Principle of finality - Relief from sanctions - Enforcement proceedings

ABBEY HEALTHCARE (MILL HILL) LTD v SIMPLY CONSTRUCT (UK) LLP

[2022] BLR Plus 31

Adjudication - Collateral warranty - Construction contract - Housing Grants, Construction and Regeneration Act 1996, section 104 - Retrospective effect of collateral warranty

ESSENTIAL LIVING (GREENWICH) LTD v ELEMENTS (EUROPE) LTD

[2022] BLR Plus 32

Part 8 - Adjudication - Extent to which adjudicator's award concerning interim payment is binding in respect of final account and any later adjudication

STANDARD LIFE ASSURANCE LTD v GLEEDS (UK) (A FIRM) AND OTHERS

[2022] BLR Plus 33

Pleading - Claim for damages - Strike out - Summary judgment on defence - CPR Part 3 and Part 24

ORCHARD PLAZA MANAGEMENT COMPANY LTD v BALFOUR BEATTY REGIONAL CONSTRUCTION LTD

[2022] BLR Plus 34

Collateral warranty – Assignment – Remoteness – Funders.

NATIONAL HOUSE-BUILDING COUNCIL v VASCROFT CONTRACTORS LTD

[2022] BLR Plus 35

Summary judgment - Strike out - CPR 3.4(2)(a) - CPR 24.1 - Test to be applied

INNOVATE PHARMACEUTICALS LTD v UNIVERSITY OF PORTSMOUTH HIGHER EDUCATION CORPORATION LTD

[2022] BLR Plus 36

Security for costs - CPR 25.13 - Relevance of After the Event costs insurance - Policy needs to provide protection - Merits of case and defence

BUCKINGHAM GROUP CONTRACTING LTD v PEEL L&P INVESTMENTS AND PROPERTY LTD

[2022] BLR Plus 37

Liquidated damages clauses - Enforceability - Certainty - Partial possession - Liability caps

MW HIGH TECH PROJECTS UK LTD v GREENHALGH AND OTHERS

[2022] BLR Plus 38

Amendment - Particularity - Consolidation - Strike out - Summary judgment

OIL STATES INDUSTRIES (UK) LTD v S LTD AND OTHERS

[2022] BLR Plus 39

Tort of bribery - Elements of bribery - Agency - Vicarious liability - Failure to call witnesses - Adverse inference - Other inferences - Best evidence rule - Settlement before judgment handed down

SIEMENS MOBILITY LTD v HIGH SPEED TWO (HS2) LTD (BOMBARDIER TRANSPORTATION UK LTD AND HITACHI RAIL LTD, INTERESTED PARTIES)

[2022] BLR Plus 40

Evidence - Expert witnesses - Public procurement - Civil procedure

NICHOLAS JAMES CARE HOMES LTD v LIBERTY HOMES (KENT) LTD

[2022] BLR Plus 41

Injunctive relief - Adjudicator's decision - Freezing injunction - Whether good arguable case - Jurisdiction to grant order - Exercise of discretion

BARCLAY-WATT AND OTHERS v ALPHA PANARETI PUBLIC LTD AND ANOTHER

[2022] BLR Plus 42

Negligent misstatement - Agency - Accessory liability - Personal liability of directors

PICKETT v BALKIND

[2022] BLR Plus 43

Privilege – Independence of experts – Experts’ joint statements – Involvement of legal advisors in the drafting of joint statements – Inspection of documents under CPR r 31.14 – Cross-examination of experts on their instructions.

BARKBY REAL ESTATE DEVELOPMENTS LTD (FORMERLY KNOWN AS TARNCOURT AMBIT DEVELOPMENTS LTD) v CORNERSTONE TELECOMMUNICATIONS INFRASTRUCTURE LTD

[2022] BLR Plus 44

Contract – No formal contract – Whether contract formed – If so, contractual responsibility for delay.

Building Law Reports Plus