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MANCHIKALAPATI AND OTHERS v ZURICH INSURANCE PLC (T/A ZURICH BUILDING GUARANTEE AND ZURICH MUNICIPAL) AND EAST WEST INSURANCE COMPANY LTD
[2020] BLR Plus 1
Defects insurance - Interpretation - Liability caps - Policy exclusions - Excess credit - Interest
MEADOWSIDE BUILDING DEVELOPMENTS LTD (IN LIQUIDATION) v 12-18 HILL STREET MANAGEMENT COMPANY LTD
[2020] BLR Plus 2
Adjudication - Jurisdiction - Liquidation - Utility of adjudication proceedings - Exception to approach in Bresco - Considerations
LJH PAVING LTD v MEERES CIVIL ENGINEERING LTD
[2020] BLR Plus 3
Adjudication - Crystallisation of dispute - Jurisdiction - Part of referred claim arising under another contract - Waiver of jurisdictional challenge
FARRAR AND FARRAR CONSTRUCTION LTD v RYLATT, RYLATT AND JKR PROPERTY DEVELOPMENTS LTD
[2020] BLR Plus 4
Principles applicable to an appeal on the facts - Challenging finding of fact of a specialist tribunal - Effect of ambiguity in judgment - Appeal of ex tempore judgment - Effect of "subject to contract" tag
ALSTOM TRANSPORT UK LTD v NETWORK RAIL INFRASTRUCTURE LTD AND SIEMENS MOBILITY LTD, INTERESTED PARTY
[2020] BLR Plus 5
Public procurement - Lifting of automatic suspension Utilities Contracts Regulations 2016 (SI 2016 No 274)
ISG CONSTRUCTION LTD v ENGLISH ARCHITECTURAL GLAZING LTD
[2020] BLR Plus 6
Part 8 proceedings - Declarations sought - Adjudication - Sums ordered by adjudicator paid by party seeking declarations - Nature of declarations sought - Whether court should make declarations
VVB M&E GROUP LTD AND VVB ENGINEERING (UK) LTD v OPTILAN (UK) LTD
[2020] BLR Plus 7
Construction contracts - Vesting of title to goods linked to interim payment - Ambiguity in terms of Vesting Certificates - Conflict with terms of sub-subcontract as to vesting of materials
MUNICH RE CAPITAL LTD (SUING AS THE SOLE CORPORATE MEMBER OF MUNICH RE SYNDICATE 457 AT LLOYD’S) v ASCOT CORPORATE NAME LTD (AS SOLE CORPORATE MEMBER OF LLOYD’S SYNDICATE 1414)
[2020] BLR Plus 8
Reinsurance - Proper construction - Construction where circumstances not objectively envisaged at time of contracting
MANN AND ANOTHER v PATERSON CONSTRUCTIONS PTY LTD
[2020] BLR Plus 9
Restitution – Unjust enrichment – Termination – Whether contractor entitled to recover restitution as alternative to claim for damages for breach of contract – Whether contract price operates as ceiling on amount of restitution recoverable.
JOHN INNES FOUNDATION AND OTHERS v VERTIV INFRASTRUCTURE LTD (FORMERLY EMERSON NETWORK POWER LTD)
[2020] BLR Plus 10
Striking out claim - Fire - Freeholder - Tenants - Duty of care - Maintenance company - Reliance - Proximity - Assumption of responsibility - Irrelevance of insurance - Fire Regulations responsibilities
LEJONVARN v BURGESS AND ANOTHER
[2020] BLR Plus 11
Costs - Indemnity costs - Part 36 offer - Costs budget
GOLDMAN AND OTHERS v ZURICH INSURANCE PLC AND ANOTHER
[2020] BLR Plus 12
Abuse of process - Previous proceedings - Strike out application - Claim in fraud against different defendant - Fraud claim made in original proceedings against different defendant - Whether new claim could and/or should have been brought in earlier proceedings - Requirements to plead fraud - Whether new claim should proceed to trial
MPB v LGK
[2020] BLR Plus 13
Challenge to award under section 67(1)(a) of the Arbitration Act 1996 – Allegation of a lack of jurisdiction - Allegations of absence of arbitration agreement - Incorporation of standard terms - Reliance on incorporation in a previous adjudication - Approbation and reprobation
FIELD SYSTEMS DESIGNS LTD v MW HIGH TECH PROJECTS UK LTD
[2020] BLR Plus 14
Adjudication – Enforcement – Jurisdiction – Natural Justice – Failure to consider an argument – Whether deliberate or inadvertent failure – Burden of proof – Failure to provide adequate reasons – Materiality of adjudicator’s failure – Severability of adjudicator’s decision – Fees and expenses.
HOCHTIEF (UK) CONSTRUCTION LTD AND ANOTHER v ATKINS LTD
[2020] BLR Plus 15
Consequences of claimant's Part 36 offer - CPR 36.17 - Consequential orders - Whether unjust to make orders sought - Whether issue based or proportional cost order appropriate - Increase of costs above approved cost budget - Payment on account of costs - CPR 44.2(8)
JALLA AND OTHERS v ROYAL DUTCH SHELL PLC AND OTHERS
[2020] BLR Plus 16
Oil spills of Nigerian coast - Claims by coastal residents and communities - Negligence and nuisance - Substitution of party - Amendment - Limitation - New evidence - Deliberate concealment - Estoppel by convention - Substitution of new party where party named was a mistake - CPR r 19.5.3(a) - Service out of jurisdiction - Overlapping cases in Nigeria - Whether a stay of English proceedings necessary - Material non-disclosure.
YUANDA (UK) COMPANY LTD v MULTIPLEX CONSTRUCTION EUROPE LTD (FORMERLY KNOWN AS BROOKFIELD MULTIPLEX CONSTRUCTION EUROPE LTD) AND ANOTHER
[2020] BLR Plus 17
Whether guarantee a performance or on demand bond - Requirements for valid call on bank as guarantor - Continuation or discharge of interim injunction
BLACKPOOL BOROUGH COUNCIL v VOLKERFITZPATRICK LTD AND OTHERS
[2020] BLR Plus 18
Expert evidence - Interlocutory application for expert evidence to be excluded as inadmissible for lack of independence - Whether giving unilateral instructions to testing house was breach of expert's duties under CPR Part 35 - Whether jointly instructed testing house was single joint expert - Whether expert had duty to notify counterparts of tests it had procured
HALL (IN HIS OWN RIGHT AND AS ASSIGNEE OF 1ST CLASS LEGAL (IS) LTD) v SAUNDERS LAW LTD AND OTHERS
[2020] BLR Plus 19
Litigation funding - Duties upon solicitors to advise funder - Terms of funding agreement - Tort of deceit
PBS ENERGO AS v BESTER GENERACION UK LTD
[2020] BLR Plus 20
Adjudication enforcement - Allegations of fraud emerging after the adjudication - Whether the pleading out of allegations of fraud in a Defence is a condition precedent to raising such allegations - Whether in the absence of a Defence pleading fraud the correct course is to enforce with the option of staying execution
ENDURANCE CORPORATE CAPITAL LTD v SARTEX QUILTS AND TEXTILES LTD
[2020] BLR Plus 21
Insurance - Damages - Property damage - Measure of loss - Reinstatement - Intention to reinstate - Betterment
HUDSON CONTRACT SERVICES LTD v THE CONSTRUCTION INDUSTRY TRAINING BOARD
[2020] BLR Plus 22
Industrial Training Act 1982 - Industrial Training (Construction Board) Order 1964 (SI 1964 No 1079) - Industrial Training Levy (Construction Industry Training Board) Order 2015 (SI 2015 No 701) - Construction Industry Training Board Levy - Company contracting with self-employed operatives to carry out construction activities for others - Whether company is an "employer in the construction industry" - Whether head office is a "construction establishment"
C SPENCER LTD v M W HIGH TECH PROJECTS UK LTD
[2020] BLR Plus 23
Adjudication - Construction operations - Non-construction operations - Payment notice - No need to differentiate the operations
LUNGOWE AND OTHERS v VEDANTA RESOURCES PLC AND ANOTHER
[2020] BLR Plus 24
Group litigation order - Relevant principles in decision whether to order proceedings to be heard together under a GLO - Exercise of case management powers under CPR Part 19 and PD19B
DOWMAN IMPORTS LTD v 2 TOOBZ LTD
[2020] BLR Plus 26
Unjust enrichment - Restitution - Services rendered in anticipation of a contract that does not materialise - Services requested or accepted - Services without end-products - Incontrovertible benefits - Claim for restitution in respect of services rendered by a third party
MUNCIPIO DE MARIANA AND OTHERS v BHP GROUP PLC (FORMERLY BHP BILLITON)
[2020] BLR Plus 27
Application to adjourn hearing date - Principles to be applied when delay caused by difficulties resulting from Covid-19 outbreak - Whether remote hearing appropriate
WEST KOWLOON CULTURAL DISTRICT AUTHORITY v AIG INSURANCE HONG KONG LTD
[2020] BLR Plus 28
Bonds - Formalities of demand - Allegations of fraudulent demand - Bona fide opinion of default and amount of loss
BRESCO ELECTRICAL SERVICES LTD (IN LIQUIDATION) v MICHAEL J LONSDALE (ELECTRICAL) LTD
[2020] BLR Plus 29
Adjudication claim bought by liquidator - Effects of set-off under the Insolvency (England and Wales) Rules 2016 (SI 2016 No 1024) on Adjudicator's jurisdiction to determine dispute - Whether injunction should be granted to restrain further continuation of the adjudication – Right to refer disputes under section 108 of the Housing Grants, Construction and Regeneration Act 1996 by insolvent party
ISG CONSTRUCTION LTD v PLATFORM INTERIOR SOLUTIONS LTD
[2020] BLR Plus 30
Adjudication - Enforcement adjudicator's decision - CPR Part 8 - Hutton exceptions - Interrelationship between adjudication enforcement and consideration of legal issues under Part 8
J & B HOPKINS LTD v TRANT ENGINEERING LTD
[2020] BLR Plus 31
Adjudication enforcement - The "correction principle" that interim payments can be corrected in the next payment cycle - Effect of subsequent payment cycles on no pay less notice adjudication decision
TAYLOR WIMPEY UK LTD v HARRON HOMES LTD
[2020] BLR Plus 32
Pre-action disclosure - CPR 31.16 - Expert determination process in contract - Documents available in such process - Prior pre-action protocol process - Documents not sought in that process - Likelihood or not of litigation disclosure stage ever being reached - Non-engagement in agreed ADR process - Discretion
ORAN ENVIRONMENTAL SOLUTIONS LTD AND ANOTHER v QBE INSURANCE (EUROPE) LTD AND ANOTHER
[2020] BLR Plus 33
Claim form - Service within jurisdiction - Methods of service - Service by email - Service on solicitors - Consent orders extending time for service - Whether claim form effectively served during temporal validity - Application for extension of time for service of the claim form
KEW HOLDINGS LTD v DONALD INSALL ASSOCIATES LTD
[2020] BLR Plus 34
Application for strike out - Alleged abuse of process to bring proceedings without first paying adjudication award in respect of the same subject matter - Non-payment of adjudicator's decision and court order enforcing it constitutes unreasonable and oppressive behaviour - Stay of proceedings pending payment
NAZIRALI SHARIF TEJANI v FITZROY PLACE RESIDENTIAL LTD AND ANOTHER
[2020] BLR Plus 35
Pleadings - Statement of case - Civil Procedure Rules Part 3.4.2(a) and 3.4.2(b)
RUSHBOND PLC v THE JS DESIGN PARTNERSHIP LLP
[2020] BLR Plus 36
Fire damage - Duty of care - Obligations of visitor to property owner to prevent loss caused by third party - Strike out under CPR 3.4(2) - RSC 24.1 summary judgment
EMPYREAL ENERGY LTD v DAYLIGHTING POWER LTD
[2020] BLR Plus 37
Expert determination - Jurisdiction of expert - Contract determines matters referable to Expert - Substance of Referral Notice
ENGIE FABRICOM (UK) LTD v MW HIGH TECH PROJECTS UK LTD
[2020] BLR Plus 38
Adjudication - Jurisdiction - Primary activity power generation or waste treatment - Housing Grants, Construction and Regeneration Act 1996, section 105(2)(c)
WRW CONSTRUCTION LTD v DATBLYGAU DAVIES DEVELOPMENTS LTD
[2020] BLR Plus 39
Adjudication - Final account - Enforcement of declaration of final account value in favour or responding party - Whether further adjudication required - Stay of execution
LANE END DEVELOPMENTS CONSTRUCTION LTD v KINGSTONE CIVIL ENGINEERING LTD
[2020] BLR Plus 41
Adjudication - Scheme for Construction Contracts - Jurisdiction - Request for appointment of adjudicator - Later Notice of Adjudication - Covert recording - Admissibility - Procedural unfairness - Human Rights - General Data Protection Regulation - Election - Waiver
JIANGSU GUOXIN CORPORATION LTD (FORMERLY KNOWN AS SAINTY MARINE CORPORATION LTD) v PRECIOUS SHIPPING PUBLIC CO LTD
[2020] BLR Plus 42
Arbitration appeal - Arbitration Act 1996, section 69 - Prevention principle - Whether contract provided for buyer's breach - Entitlement to extension of time
DAEWOO SHIPBUILDING AND MARINE ENGINEERING COMPANY LTD v SONGA OFFSHORE EQUINOX LTD AND SONGA OFFSHORE ENDURANCE LTD
[2020] BLR Plus 43
Arbitration - Challenge arbitral awards - Permission to appeal under Arbitration Act 1996, section 69 - Serious irregularity under Arbitration Act 1996, section 68
ESSEX COUNTY COUNCIL v UBB WASTE (ESSEX) LTD
[2020] BLR Plus 44
Costs - Validity of Part 36 offer - Whether judgment at least as advantageous as offer - Indemnity costs - Reduction to reflect partial success in litigation
ENERGY WORKS (HULL) LTD v MW HIGH TECH PROJECTS UK LTD AND OTHERS
[2020] BLR Plus 45
Assignment - Contractual rights - Whether benefit of rights accrued prior to assignment are transferred - Whether purported assignment takes effect as novation
KEADBY GENERATION LTD v PROMANEX (TOTAL FM & ENVIRONMENT SERVICES) LTD AND ANOTHER
[2020] BLR Plus 46
Amendments - Late application - Principles applicable to late amendments - Explanation for not applying earlier - Strength of the new case - No prejudice to the other party
JOHN DOYLE CONSTRUCTION LTD (IN LIQUIDATION) v ERITH CONTRACTORS LTD
[2020] BLR Plus 47
Adjudication - Enforcement of adjudicator's decision - Enforcing party in liquidation - Cross-claims - Summary judgment - Stay of execution