i-law

Building Law Reports

SOUTH AUSTRALIA ASSET MANAGEMENT CORPORATION v YORK MONTAGUE Ltd UNITED BANK OF KUWAIT plc v PRUDENTIAL PROPERTY SERVICES Ltd NYKREDIT MORTGAGE BANK plc v EDWARD ERDMAN GROUP Ltd (formerly EDWARD ERDMAN An Unlimited Company)

(1997) 80 BLR 1

Damages - Measure of damages - Negligent valuation by surveyor - Lender’s damage due to inadequate security - Whether loss caused byfall in market generally recoverable

CIRCUIT SYSTEMS Ltd (In Liquidation) and WILLIAM JAMES BASTEN v ZUKEN-REDAC (UK) Ltd (formerly RACAL-REDAC (UK) Ltd)

(1997) 80 BLR 25

Assignment for the purpose of obtaining legal aid - Abuse of the process - Whether should be struck down - Champerty

Assignment - Prohibition of assignment - Construction Strike out of pleading pursuant to RSC Ord 18, r 19

ABBEY NATIONAL MORTGAGES plc v KEY SURVEYORS NATIONWIDE Ltd and Others

(1997) 80 BLR 52

Procedure - Expert witnesses - Court expert - RSC Ord 40

MOONEY v HENRY BOOT CONSTRUCTION Ltd BALFOUR BEATTY CONSTRUCTION Ltd v KELSTON SPARKES CONTRACTORS Ltd

(1997) 80 BLR 66

FCEC “Blue Form” of sub-contract (revised September 1984) - Clause

10(2) - Whether “contractual benefits” must be due to the main contractor under the terms of the main contract - Whether sub-contractor has to establish an entitlement to “contractual benefits” under the terms of the sub-contract - Whether “contractual benefits” includes benefits from engineer’s instructions

JOHN STEPHEN HAMLIN AND TERESA HELEN HAMLIN v EDWIN EVANS (A Firm)

(1997) 80 BLR 85

Negligence - Multiple heads of damage - When cause of action accrued Limitation Act 1980, s 14A - Construction - Meaning of “relevant damage” within s 14A (5)

Compromise - Construction of “Form of Discharge” - Type and seriousness of damage unknown at time of compromise - Whether included in compromise agreement

ROCHE PRODUCTS Ltd and CELLTECH THERAPEUTICS Ltd v FREEMAN PROCESS SYSTEMS Ltd and HADEN MACLELLAN HOLDINGS plc BLACK COUNTRY DEVELOPMENT CORPORATION v KIER CONSTRUCTION Ltd

(1997) 80 BLR 102

Arbitration - Whether arbitration clause incorporated by reference - Stay - Arbitration Act 1950, s4 - Inherent jurisdiction of the court - Exercise of discretion - Factors relevant to stay

BOWMER AND KIRKLAND Ltd v WILSON BOWDEN PROPERTIES Ltd

(1997) 80 BLR 131

Practice and procedure - RSC Ord 22, r7 - RSC Ord 29, r 1 1 - Interim payment - Whether evidence of payment into court admissible - Relevance of payment into court to application for interim payment

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