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BALFOUR BEATTY REGIONAL CONSTRUCTION LTD v GROVE DEVELOPMENTS LTD
[2017] BLR Plus 1
Construction - JCT Standard Form Design and Build 2011 - Interim payments - New schedule agreed that only went to July 2015 - What the contractual regime was for applications after that date - Express terms - Implied terms
THE COUNCIL OF THE BOROUGH OF MILTON KEYNES v VIRIDOR (COMMUNITY RECYCLING MK) LTD
[2017] BLR Plus 2
Procedure - Amendment - Late application for permission to amend Defence by adding second defendant
LESLIE v FARRAR CONSTRUCTION LTD
[2017] BLR Plus 4
Overpayment - Restitution - Money paid without full calculation of actual "build costs" - Whether recoverable
CONNECT PLUS (M25) LTD v HIGHWAYS ENGLAND COMPANY LTD
[2017] BLR Plus 5
Expert determination - Jurisdiction - Contractual interpretation - "A matter comprised in the Dispute" - Stay of proceedings
OCTOESSE LLP v TRAK SPECIAL PROJECTS LTD
[2017] BLR Plus 6
JCT Intermediate Building Contract (IC 2011) - Clauses 2.22 and 2.23
ENERGY SOLUTIONS EU LTD v NUCLEAR DECOMMISSIONING AUTHORITY
[2017] BLR Plus 7
Public procurement - Francovich conditions - Breaches need to be sufficiently serious - Factors to be taken into account - Non-exhaustive list of factors - Individual manifest errors in conjunction leading to wrong tenderer selection - Winning tenderer should have been disqualified
WILLMOTT DIXON CONSTRUCTION LTD v ROBERT WEST CONSULTING LTD
[2017] BLR Plus 8
CPR 17.1(2)(b) - Application to amend Response to Request for Further Information - Vicarious liability - Independent contractors - Exceptionally hazardous or inherently dangerous works - Withdrawal of Support - Contributory negligence
BITUMEN INVEST AS v RICHMOND MERCANTILE LTD FZC
[2017] BLR Plus 9
Guarantee - Whether "on demand" guarantee - Construction of terms - Summary judgment - CPR Part 24
DACY BUILDING SERVICES LTD v IDM PROPERTIES LLP
[2017] BLR Plus 10
Adjudication - Jurisdiction - No contract - Difference as to the parties to the contract - Clarity as to who the contract parties are - Reservation as to jurisdiction
SOUTH COAST CONSTRUCTION LTD v IVERSON ROAD LTD
[2017] BLR Plus 11
Adjudication - Enforcement - Insolvency Act 1986 - Administration - Notice of intention to appoint an administrator - Permission to proceed with enforcement application
MAILBOX (BIRMINGHAM) LTD v GALLIFORD TRY CONSTRUCTION LTD
[2017] BLR Plus 12
Assignment - Party entitled to maintain claim in adjudication - Enforcement of Adjudicator's decision
HIS ROYAL HIGHNESS EMERE GODWIN BEBE OKPABI AND OTHERS v ROYAL DUTCH SHELL PLC AND SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD
[2017] BLR Plus 13
Foreign claimants - Pollution in the Niger Delta - Holding and operating companies sued - CPR 11(1)(a) and (b) - Duty of Care by holding company - Foreseeability, proximity and reasonableness - Applicable substantive law - Nigerian law - Regulation EC 864/2007 (Rome II) - Expert evidence - Permission to call expert evidence - The position of the claimant's solicitors - CFAs or equivalent available in Nigeria
SURREY AND SUSSEX HEALTHCARE NHS TRUST v LOGAN CONSTRUCTION (SOUTH EAST) LTD
[2017] BLR Plus 14
Adjudication - Part 8 - Validity of Interim Payment Notice and Pay Less Notice
MICHAEL WILSON & PARTNERS LTD v THOMAS SINCLAIR
[2017] BLR Plus 15
Costs order - Execution - Stay - CPR Part 3.1(2)(f) - CPR Part 83.7 - Principles - Discretion
CARILLION CONSTRUCTION LTD v EMCOR ENGINEERING SERVICES LTD AND EMCOR (UK) LTD
[2017] BLR Plus 16
DOM/2 subcontract form - Delay - Extension of time - How such extension was to be fixed - Whether "contiguous" or "non-contiguous"
WHEELDON BROTHERS WASTE LTD v MILLENNIUM INSURANCE COMPANY LTD
[2017] BLR Plus 17
Experts - CPR Part 35 - Defendant retains expert initially - Claimant engages same expert - Confidentiality - Defendant's ability to retain expert for litigation - Expert's duty to the court - Over-riding objective
MILTON KEYNES BOROUGH COUNCIL v VIRIDOR (COMMUNITY RECYCLING MK) LTD
[2017] BLR Plus 18
Contracts - Mistake - Common mistake - Unilateral mistake - Rectification - Defences - Laches - Acquiescence
COSTAIN LTD v TARMAC HOLDINGS LTD
[2017] BLR Plus 19
Arbitration Act 1966, section 9 - Construction of Dispute Resolution provisions in NEC 3 Framework Contract and NEC 3 Supply Short Contract - Whether the Arbitration Agreement is inoperative under the Arbitration Act 1966, section 9(4) - Whether Arbitration Agreement is null and void because Adjudicator exceeded his jurisdiction - Whether party estopped from relying on Arbitration Agreement
JOSEPH GLEAVE & SON LTD v SECRETARY OF STATE FOR DEFENCE
[2017] BLR Plus 20
Public procurement - Challenge to tender documents - Contract not yet awarded - Whether expedited trial should be ordered before contract award - Whether stay should be granted pending contract award
SYMBION POWER LLC v VENCO IMTIAZ CONSTRUCTION COMPANY
[2017] BLR Plus 21
Arbitration - Serious irregularity - Arbitration Act 1996, section 68(2)(d) - Tribunal's failure to deal with all issues put to it - Principles applicable - Substantial injustice required - Arbitrator's confidential communication with one party - Remission or setting aside - Confidentiality
CELTIC BIOENERGY LTD v KNOWLES LTD
[2017] BLR Plus 22
Arbitration - Arbitration Act 1996, section 68 - Application to set aside award based on serious irregularity - Fraud
AECOM DESIGN BUILD LTD v STAPTINA ENGINEERING SERVICES LTD
[2017] BLR Plus 23
Adjudication - Jurisdiction - Whether dispute extended to the proper assessment of deductions for defects - Enlargement of dispute by responding party
HUTTON CONSTRUCTION LTD v WILSON PROPERTIES (LONDON) LTD
[2017] BLR Plus 24
Adjudication - Enforcement - Part 8 proceedings
LEJONVARN v BURGESS AND ANOTHER
[2017] BLR Plus 25
Duty of care - Services provided gratuitously - Correct test for establishing whether a duty of care is owed - Scope of duty
NUCLEAR DECOMMISSIONING AUTHORITY v ENERGY SOLUTIONS EU LTD (NOW CALLED ATK ENERGY EU LTD)
[2017] BLR Plus 26
Procurement - Damages - Application of Francovich conditions - Requirement for breach(es) to be "sufficiently serious"
SUN ALLIANCE (BAHAMAS) LTD AND ANOTHER v SCANDI ENTERPRISES LTD
[2017] BLR Plus 27
Insurance contract - Interpretation - Whether existing structure is part of contract works - Whether policy a valued policy
PEEL PORT SHAREHOLDER FINANCE COMPANY LTD v DORNOCH LTD
[2017] BLR Plus 29
Pre-action disclosure - CPR r 31.16 - Third Parties (Rights against Insurers) Act 2010 - Application for disclosure of insurance policy against a solvent company - Whether to exercise discretion to grant disclosure - Relevance of statutory and procedural landscape
GOODLIFE FOODS LTD v HALL FIRE PROTECTION LTD
[2017] BLR Plus 30
Fire - Exclusion clause - Unfair Contract Terms Act 1977 - Consumer Protection Act 1987, section 41(1) - Electrical Equipment (Safety) Regulations 1994 (SI 1994 No 3260) - Claim in negligence and breach of statutory duty - Exclusion clause partly unenforceable - Effect on remainder of clause - Reasonableness of clause
RUSSELL AND ANOTHER v PETER STONE (TRADING AS PSP CONSULTANTS) AND OTHERS
[2017] BLR Plus 31
Contracts – Standstill Agreements – Interpretation – Whether effect is to extend time or suspend the running of time – Whether protection of earlier agreement is lost by conclusion of a further agreement – Relevance and effect of recitals – Relevance of unamended standard form or template agreement – Commercial common sense – Clear words.
PERSIMMON HOMES LTD AND OTHERS v OVE ARUP & PARTNERS LTD AND ANOTHER
[2017] BLR Plus 32
Contract – Purported exclusion of liability – Exemption clauses – Exclusion clauses – Construction of clause stating “liability for any claim in relation to asbestos is excluded”.
MAILBOX (BIRMINGHAM) LTD v GALLIFORD TRY BUILDING LTD (FORMERLY KNOWN AS GALLIFORD TRY CONSTRUCTION LTD)
[2017] BLR Plus 33
Part 8 – Serial adjudication – Liquidated damages – Extensions of time.
VILCA AND OTHERS v XSTRATA LTD AND OTHERS
[2017] BLR Plus 34
Expert evidence – Foreign law – Two experts previously instructed – Most recent expert withdrew because of ill-health – Application for extension of time for exchange of expert reports – Whether court should impose condition that previous experts’ reports should be disclosed.
AFRICAN EXPORT-IMPORT BANK AND OTHERS v SHEBAH EXPLORATION & PRODUCTION COMPANY LTD AND OTHERS
[2017] BLR Plus 35
Unfair Contract Terms Act 1977, section 3 – Dealing on the other’s written standard terms of business – Standard industry terms.
ATLANTISREALM LTD v INTELLIGENT LAND INVESTMENTS (RENEWABLE ENERGY) LTD
[2017] BLR Plus 36
Privilege - Disclosure - Inadvertent disclosure of privileged document - CPR 31.20 - Relevant principles
CHRISTOPHER LINNETT LTD AND ANOTHER v MATTHEW J HARDING (TRADING AS M J HARDING CONTRACTORS)
[2017] BLR Plus 37
Adjudication - Adjudicator's engagement - Adjudicator's fees - Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013 No 3134) - Whether commercial contract - Interest - Late Payment of Commercial Debts (Interest) Act 1998 - Late Payment of Commercial Debts Regulations 2013 (SI 2013 No 395)
M T HØJGAARD A/S v E.ON CLIMATE & RENEWABLES UK ROBIN RIGG EAST LTD AND ANOTHER
[2017] BLR Plus 38
Construction of a contract for the design and installation of wind turbines - Warranty of fitness for purpose - Whether provision requiring compliance with industry standard qualified obligation of fitness for purpose - Whether obligation to comply with contractual technical standard imposed a strict obligation
POLYTEC OVERSEAS LTD AND ANOTHER v GRAND DRAGON INTERNATIONAL HOLDINGS COMPANY LTD AND ANOTHER
[2017] BLR Plus 39
Arbitration Ordinance - Mandatory stay to arbitration - Construction of contracts
ADVA OPTICAL NETWORKING LTD AND ANOTHER v OPTRON HOLDING LTD ROTRONIC INSTRUMENTS (UK) LTD, THIRD PARTY/RESPONDENT ROTRONIC INSTRUMENTS (UK) LTD v A ONE DISTRIBUTION (UK) LTD
[2017] BLR Plus 40
Relief from sanction - Judgment in default - Extension of time for service of defence - Serious default - Absence of delay to proceedings or additional costs - Whether judgment in default is desirable if contrary to claimant's primary position and contingent upon the claimant's liability up the line
VINCI CONSTRUCTION UK LTD v BEUMER GROUP UK LTD
[2017] BLR Plus 41
Sectional completion - Liquidated damages - Interpretation - Whether works falling within sections were sufficiently identifiable and certain - Whether liquidated damages clause operable/enforceable
MOTT AND ANOTHER v LONG AND ANOTHER
[2017] BLR Plus 42
Costs - Failure to serve costs budget pursuant to CPR r 3.13 - Relief from sanctions under CPR r 3.9 - Test to be applied and factors to be assessed
THE ROYAL DEVON AND EXETER NHS FOUNDATION TRUST v ATOS IT SERVICES UK LTD
[2017] BLR Plus 43
Contract - Limitation of liability - Consequential damages - Exclusion of liability - So-called "wasted expenditure" - Points of construction - Preliminary issues
MEDITERRANEAN SHIPPING COMPANY v SOTRAMON LTD
[2017] BLR Plus 44
Mauritian Civil Code - Doctrine of faute loured - Gross negligence delict - Whether duplicated by claim in contract - Damages for faute lourde same as for breach of contract
CRUDEN BUILDING & RENEWALS LTD v SCOTTISH WATER
[2017] BLR Plus 45
Nuisance - Negligence - Breach of statutory duty - Escape of foul water
JACOBS UK LTD (FORMERLY KNOWN AS JACOBS ENGINEERING UK LTD) v SKANSKA CONSTRUCTION UK LTD
[2017] BLR Plus 46
Adjudication - Agreed procedure and timetable - Withdrawing and restarting adjudication - Serial adjudications - Whether unreasonable and oppressive - Injunctions restraining adjudication - Compensation for wasted/additional cost
NORTH MIDLAND BUILDING LTD v CYDEN HOMES LTD
[2017] BLR Plus 47
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
SQUIBB GROUP LTD v POLE 2 POLE SCAFFOLDING LTD
[2017] BLR Plus 48
Arbitration award - Application for extension of time to appeal against award - Arbitration Act 1996, sections 69, 70 and 80 - 12 weeks' delay - Need for reasonable explanation - Whether prejudice suffered by delay - Other factors to be taken into account - Need for speedy finality
THE GOVENORS AND COMPANY OF THE BANK OF IRELAND AND ANOTHER v WATTS GROUP PLC
[2017] BLR Plus 49
Costs - Basis of assessment - Indemnity or standard - Relevance of defendant's offers (Part 36 and otherwise)
LUNGOWE AND OTHERS v VEDANTA RESOURCES PLC AND ANOTHER
[2017] BLR Plus 50
Jurisdiction - Whether claims by Zambian nationals should be brought in England - Recast Brussels Convention - Forum conveniens - Principles applicable