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S&T (UK) LTD v GROVE DEVELOPMENTS LTD
[2019] BLR 1
Adjudication – Housing Grants, Construction and Regeneration Act 1996, sections 108 to 111 – Pay Less Notices – Interpretation of Notices – Definition of “specify” the basis on which sum is calculated – Entitlement of Employer to adjudicate on correct value of interim payment entitlement – Need for Employer to pay sum decided by adjudicator as due before it so adjudicates – Standard JCT Design and Build Contract 2011 contract – Timing between liquidated damages notices.
ARCADIS CONSULTING (UK) LTD (FORMERLY CALLED HYDER CONSULTING (UK) LTD) v AMEC (BCS) LTD (FORMERLY CALLED CV BUCHAN LTD)
[2019] BLR 27
Contract formation – Acceptance by conduct – Letter of intent – Interpretation – Incorporation of terms – Limitation of liability clause.
WHEELDON BROTHERS WASTE LTD v MILLENNIUM INSURANCE COMPANY LTD
[2019] BLR 47
Appeal – Permission to appeal – CPR Part 52.6(1) – Permission to appeal on findings of fact – Test generally – Test in respect of findings in the Technology and Construction Court.
SEADRILL GHANA OPERATIONS LTD v TULLOW GHANA LTD
[2019] BLR 61
Force majeure – Approach where two events preventing performance of employer's obligations – Causation – Whether termination of contract for convenience.
BOMBARDIER TRANSPORT UK LTD v HITACHI RAIL EUROPE LTD AND OTHERS (SIEMENS MOBILITY LTD, INTERESTED PARTY)
[2019] BLR 83
Utilities Contracts Regulations 2006 (SI 2006 No 6) – Adequacy of damages – Balance of convenience – Expedited trial.
GOSVENOR LONDON LTD v AYGUN ALUMINIUM UK LTD
[2019] BLR 99
Adjudication enforcement – Stays of enforcement – Applicable principles where real risk of dissipation of adjudication sum before final judgment – Applicable principles regarding fraud allegations raised to support stay application.
NATIONAL BANK OF KAZAKHSTAN AND ANOTHER v THE BANK OF NEW YORK MELLON SA/NV, LONDON BRANCH AND OTHERS
[2019] BLR 113
Service out of the jurisdiction – Whether serious issue to be tried – Whether matter in dispute referred by Belgian court to English court – Application of res judicata/abuse of process – Whether English court forum conveniens – Whether fifth defendant a third party for the purposes of article 6(2) of the Brussels Convention 1968.
CHERN v APILOA CORPORATION AND ANOTHER
[2019] BLR 128
Technology and Construction Court – Transfer – Claims appropriate for a High Court TCC judge – Adjudication matters – Adjudicators’ fee claims.
SYNERGY GAS SERVICES LTD v NORTHERN GAS HEATING LTD
[2019] BLR 132
Adjudication – Enforcement – Natural justice.
UNIVERSITY OF WARWICK v BALFOUR BEATTY GROUP LTD
[2019] BLR 138
Contractual interpretation – Practical completion – Sectional completion.
NDOLE ASSETS LTD v DESIGNER M&E SERVICES UK LTD
[2019] BLR 147
Civil procedure – Statutory interpretation – Conduct of litigation – Reserved legal activities – Service of claim form – Consequence of service by an unqualified person.
GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA
[2019] BLR 159
Arbitration award – Enforcement – State Immunity Act 1978, section 12 – State immunity – CPR r 62.18 – Service through UK Foreign and Commonwealth Office – Section 12 mandatory – Service cannot be dispensed with.
SKYMIST HOLDINGS LTD v GRANDLANE DEVELOPMENTS LTD
[2019] BLR 173
Part 8 proceedings – Adjudication – Jurisdiction – Nomination of adjudicator – Approbation and reprobation.
AGRO INVEST OVERSEAS LTD v STEWART MILNE GROUP LTD; AGRO INVEST OVERSEAS LTD v MORGAN ASSOCIATES; AGRO INVEST OVERSEAS LTD v ROBERT TREMBATH T/A TREMBATH ASSOCIATES
[2019] BLR 187
Prescription – Practical completion – Awareness of loss and damage – Induced error – Relevant acknowledgement of obligation. – Prescription and Limitation (Scotland) Act 1973.
WELLS v DEVANI
[2019] BLR 221
Contract – Binding contract – Implied terms. – Estates Agents Act 1979 – Failure to comply with requirements regarding written terms of business – Consequences. – Appeals – Errors by trial judge in evaluation process under Estates Agents Act 1979, section 18(6) – Correct approach by appellate court.
AQABA CONTAINER TERMINAL (PVT) CO v SOLETANCHE BACHY FRANCE SAS
[2019] BLR 234
Anti-suit injunction – Construction contract for works in Jordan – Termination and repudiation issues – ICC Arbitration in London – Award issued against Contractor – Jordanian proceedings seeking unconstitutionality declaration relating to letting of Construction contract – Strong reasons required not to grant anti-suit injunction – Court's discretion.
M DAVENPORT BUILDERS LTD v GREER AND ANOTHER
[2019] BLR 241
Adjudication – Enforcement – Reliance on “true value” adjudication.
AXIS M&E UK LTD AND ANOTHER v MULTIPLEX CONSTRUCTION EUROPE LTD
[2019] BLR 250
Adjudication enforcement – Scheme for Construction Contracts – Slip rule – Scope of error corrected.
SANDERSON LTD v SIMTOM FOOD PRODUCTS LTD
[2019] BLR 260
Contract for the supply of goods and services – Renunciation – Equitable forbearance – Recovery of instalment of contract price.
TRIPLE POINT TECHNOLOGY INC v PTT PUBLIC COMPANY LTD
[2019] BLR 271
Liquidated damages for delay where work not completed – Damages a penalty – Operation of liquidated damages provision after termination – Operation of contractual cap on damages – Meaning of exclusion from operation of cap of liability resulting from “negligence”.
MEARS LTD v COSTPLAN SERVICES (SOUTH EAST) LTD AND OTHERS
[2019] BLR 289
Practical completion – Patent defects – Whether clause prevents certification of practical completion – Whether defect is “trifling” or de minimis – Effect on practical completion of whether defect is capable of economic remedy.
HARBOUR CASTLE LTD v DAVID WILSON HOMES LTD
[2019] BLR 304
Pleadings – Strike out of earlier action – Abuse of process – Change in test concerning stifling of claim by order for security – Evidence.
BILLINGFORD HOLDINGS LTD AND BFL TRADE LTD v SMC SOLUTIONS LTD AND ANOTHER
[2019] BLR 310
Adjudication – Injunctions to restrain adjudication – Jurisdictional challenges – Very rare exercise of discretion – Run of the mill challenges.
DONALD INSALL ASSOCIATES LTD v KEW HOLDINGS LTD
[2019] BLR 315
Adjudication – Jurisdiction of adjudicator – Challenge based on identity of contracting party – Challenge based on no crystallised dispute – Challenge based on the requirement for writing in Housing Grants, Construction and Regeneration Act 1996, section 107.
VEDANTA RESOURCES PLC AND ANOTHER v LUNGOWE AND OTHERS
[2019] BLR 327
Jurisdiction – Whether claims by Zambian Nationals should be brought in England – Recast Brussels Regulation – Abuse of EU law – Whether claim disclosed a real issue to be tried against Vedanta – Proper place for bringing claim – Whether Substantial Justice available if claims tried in Zambia.
PBS ENERGO AS v BESTER GENERACION UK LTD
[2019] BLR 350
Adjudication – Summary judgment – Fraud – Decision procured by fraud – Whether induced decision of adjudicator – Whether summary judgment should be granted.
GRANDLANE DEVELOPMENTS LTD v SKYMIST HOLDINGS LTD
[2019] BLR 363
Adjudication enforcement – Allegations of fraud tainting decision.
THOMAS AND ANOTHER v TAYLOR WIMPEY DEVELOPMENTS LTD AND OTHERS
[2019] BLR 382
Tort – Negligence – Duty of care – Pure economic loss – Claims against contractor – Known dangerous defects – Whether claim available for cost of rectifying defects posing danger to persons other than the occupant. – Limitation periods – Accrual of cause of action – Defective Premises Act 1972 – Misrepresentation Act 1967, section 2(1). – NHBC Buildmark warranty – Availability of claims under NHBC Buildmark warranty, sections 3 and 4. – Procedure – Statements of case – Whether claim for negligent misstatement pleaded – Whether breach of Building Regulations pleaded.
THE LESSEES AND MANAGEMENT COMPANY OF HERON'S COURT v HERONSLEA LTD AND OTHERS
[2019] BLR 401
Defective Premises Act 1972 – “Taking on work for or in connection with the provision of a dwelling” – Approved building inspector – Strike out.
CALONNE CONSTRUCTION LTD v DAWNUS SOUTHERN LTD
[2019] BLR 411
Part 36 – Validity of offer – Counterclaim yet to be pleaded – Provision as to the rate of interest to be charged after the end of the relevant period.
P v D AND OTHERS
[2019] BLR 422
Arbitration - Arbitration Act 1996, section 68 - Fairness and impartiality - Loan agreement - Extensions allegedly agreed by oral agreement - No relevant documentary evidence - Only witness evidence available - Challenge on key evidential differences needed in cross-examination - Serious irregularity - Substantial injustice.
AMEY HIGHWAYS LTD v WEST SUSSEX COUNTY COUNCIL
[2019] BLR 435
Public procurement – Abandonment of procurement – Whether abandonment lawful – Whether abandonment extinguished damages claim by unsuccessful tenderer – Whether unsuccessful tenderer had suffered loss and damage even though procurement abandoned.
INDIGO PROJECTS LONDON LTD v RAZIN AND ANOTHER
[2019] BLR 454
Adjudication – Insolvency – Company Voluntary Arrangement (“CVA”) – Enforcement of adjudicator's decision issued before enforcing company enters into a CVA – Partial and full stays of enforcement – Payment into court of amount determined by adjudicator.
RGB P&C LTD v VICTORY HOUSE GENERAL PARTNER LTD
[2019] BLR 465
Adjudication enforcement – Summary judgment – Breach of natural justice – Allegation that adjudicator decided the matter on a basis not advanced by or canvassed with the parties – Allegation of failure to consider a defence.
AEW EUROPE LLP AND OTHERS v BASINGSTOKE AND DEANE BOROUGH COUNCIL (NEWRIVER LEISURE LTD, INTERESTED PARTY)
[2019] BLR 481
Public procurement – Public Contract Regulations 2006 (SI 2006 No 5) – Declaration of ineffectiveness – Whether contract departs from that sought by OJEU Notice.
BABCOCK MARINE (CLYDE) LTD v HS BARRIER COATINGS LTD
[2019] BLR 495
Adjudication – Jurisdiction of court – Scottish contract – Proceedings to enforce adjudicator's decision in England – Civil Jurisdiction and Judgments Act 1982, section 16 and Schedule 4 – Section 49 English court's discretion to stay proceedings in favour of more suitable jurisdiction within UK – Country of closest connection.
COREBUILD LTD v CLEAVER AND ANOTHER
[2019] BLR 505
Adjudication – Error of fact or law in decision – Proper approach – Natural justice – No evidence or submission on determinative point – Stay of execution – Insolvency.
ENGIE FABRICOM UK LTD v MW HIGH TECH PROJECTS UK LTD
[2019] BLR 514
Adjudication – Jurisdiction – Summary judgment – Power generation.
NETWORK RAIL INFRASTRUCTURE LTD v ABC ELECTRIFICATION LTD
[2019] BLR 522
Interpretation – ICE Conditions of Contract (Target Cost Version) – Amendments to standard form – Meaning of “default on the part of the contractor”. – Civil procedure – Discretion to grant declaratory relief – Whether declaration would serve useful purpose – Significance of potential relevance to other contracts.
GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA
[2019] BLR 535
Arbitration award – Enforcement against State – State Immunity Act 1978, section 12 – CPR r 62.18 – Service through UK Foreign and Commonwealth Office – Whether Service can be dispensed with.
AIC LTD v THE FEDERAL AIRPORTS AUTHORITY OF NIGERIA
[2019] BLR 549
Arbitration – Enforcement of award – New York Convention – Arbitration Act 1996, section 103 – Application to set aside award in another country – Adjournment of enforcement proceedings – Practice – Security for costs on adjournment.
SUMITOMO MITSUI BANKING CORPORATION EUROPE LTD v EULER HERMES EUROPE SA (NV)
[2019] BLR 561
Performance Bond – Retention Bond – Assignment – Validity of demand(s) – Declarations.
OHPEN OPERATIONS UK LTD v INVESCO FUND MANAGERS LTD
[2019] BLR 576
Contractual dispute resolution procedure – Stay of proceedings – Referral to mediation.
BENNETT (CONSTRUCTION) LTD v CIMC MBS LTD (FORMERLY VERBUS SYSTEMS LTD)
[2019] BLR 587
Housing Grants, Construction and Regeneration Act 1996 – Local Democracy, Economic Development and Construction Act 2009 – Stage payments – Adequacy of payment mechanism for determining what payments become due and when – Stage payments triggered by “sign-off” – Incorporation of terms from the Scheme for Construction Contracts.
THE LESSEES AND MANAGEMENT COMPANY OF HERONS COURT v HERONSLEA LTD AND OTHERS
[2019] BLR 600
Defective Premises Act 1972 – “Taking on work for or in connection with the provision of a dwelling” – Approved building inspector – Strike out.
SOLARIA ENERGY UK LTD v DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY
[2019] BLR 610
Claim for loss resulting from unlawful action in accordance with section 8 of the Human Rights Act 1998 – Allegations of unjustified interference with peaceful enjoyment of possessions contrary to Article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (“A1P1”) – Meaning of “A1P1 possessions” – Interpretation and application of limitation defence under section 7(5) of the Human Rights Act 1998.
DOOSAN ENPURE LTD v INTERSERVE CONSTRUCTION LTD
[2019] BLR 630
Joint venture agreement – Payment provisions – Proper construction – NEC3 – Clause 53 – Painshare provision.
C SPENCER LTD v MW HIGH TECH PROJECTS UK LTD
[2019] BLR 643
Adjudication – Construction operations – Non-construction operations – Housing Grants, Construction and Regeneration Act 1996 (as amended) – Sections 104, 105, 108, 110, 110A, 111 and 114 – Payment notice – No need to differentiate the operations – IChemE Form of Contract for Civil Engineering subcontract.