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THE UNIVERSITY OF MANCHESTER v JOHN MCASLAN & PARTNERS LTD AND OTHERS
[2023] BLR Plus 1
Experts - Conditions on calling experts - CPR 35.4(1) - Change of experts - Need for good reason - Condition requiring production of privileged documents - For disclosure need to show expert shopping - Cost budgeting - Broad brush approach.
RAJA AND OTHERS v HOLDEN AND OTHERS
[2023] BLR Plus 2
Land - Sale contract - Fraudulent misrepresentations - Breaches of planning conditions - Enforcement.
NORTHUMBRIAN WATER LTD v (1) DOOSAN ENPURE LTD (2) TILBURY DOUGLAS CONSTRUCTION LTD (FORMERLY INTERSERVE CONSTRUCTION LTD)
[2023] BLR Plus 3
Adjudication - Summary judgment - Arbitration.
A&A MECHANICAL CONTRACTORS AND COMPANY LTD v PETROLEUM COMPANY OF TRINIDAD AND TOBAGO
[2023] BLR Plus 4
Variations - Negotiations over final account - Privilege - Without prejudice communications - Admissibility to establish agreement - Waiver.
TEJANI v (1) FITZROY PLACE RESIDENTIAL LTD (2) 2-10 MORTIMER STREET GP LTD AS A GENERAL PARTNER OF 2-10 MORTIMER STREET LTD PARTNERSHIP
[2023] BLR Plus 5
Tort of private nuisance regarding noise - Extent of interference with reasonable enjoyment of land required for actionable nuisance - Whether breach of covenant of quiet enjoyment Whether breach of development agreement term to take reasonable steps to procure the remedy of defects - Effect of failure to provide notice of defect within time.
MORGAN SINDALL CONSTRUCTION AND INFRASTRUCTURE LTD v CAPITA PROPERTY AND INFRASTRUCTURE (STRUCTURES) LTD AND ANOTHER
[2023] BLR Plus 11
Strike out - Abuse of process - "Warehousing" - Deliberate delay in proceedings - Subjective intent established from overall evidence - No need for prejudice - Impact of related proceedings against insurers - Tripartite mediation - Delay by applicant in bringing application.
RAVESTIEN BV v TRANT ENGINEERING LTD
[2023] BLR Plus 12
Arbitration - Appeal - Permission to appeal - Grounds.
LJR INTERIORS LTD v COOPER CONSTRUCTION LTD
[2023] BLR Plus 13
Adjudication enforcement - Part 7 - Seeking a declaration of unenforceability under Part 8 - Limitation defence to underlying claim.
KIRBY v ELECTRICITY NORTH WEST LTD
[2023] BLR Plus 14
Trespass – Negligence – Damages – Assessment of evidence.
COBALT DATA CENTRE 2 LLP, COBALT DATA CENTRE 3 LLP (THE "LLPs") v THE COMMISSIONERS FOR HIS MAJESTY'S REVENUE AND CUSTOMS
[2023] BLR Plus 15
Scope of contract variations clause - Whether power to instruct variations was limitless - Whether change instructed was outside of contract altogether - When change instruction amounts to recission of contract.
NICHOLAS JAMES CARE HOMES LTD v LIBERTY HOMES (KENT) LTD
[2023] BLR Plus 16
Adjudication enforcement - Impartiality and bias - Adjudicator's fees Sums invoiced in advance of fees - Whether adjudicator was deploying a lien - Whether lack of impartiality or bias demonstrated - Freezing injunction obtained previously - Whether claimant had failed to make proper disclosure.
URS CORPORATION LTD v BDW TRADING LTD
[2023] BLR Plus 17
Amendments - Whether should have been granted - Permission to appeal sought - Prospects of success on appeal - Compelling reason.
A&V BUILDING SOLUTIONS LTD v J&B HOPKINS LTD
[2023] BLR Plus 18
Adjudication - Parallel Part 8 proceedings - Requirement to comply with adjudicator's decision - Validity of interim payment applications - Waiver/estoppel/variation of terms in respect of timing of applications.
WRB (NI) LTD v HENRY CONSTRUCTION PROJECTS LTD
[2023] BLR Plus 19
Construction contracts - Adjudication - Enforcement of adjudicator's decisions - Stay of execution.
J&B HOPKNS LTD v A&V BUILDING SOLUTION LTD
[2023] BLR Plus 20
Adjudication - Jurisdiction - Natural justice.
POWER AND ANOTHER v SHAH
[2023] BLR Plus 21
Party wall - Party Wall etc Act 1996, sections 2, 3 and 10 - Purposive construction - Party Structure Notice - Need for such notice before resolution procedure can be engaged - Common law rights reserved if no notice.
ALLIANZ INSURANCE PLC v UNIVERSITY OF EXETER
[2023] BLR Plus 22
Insurance contracts - Interpretation - War exclusions - Proximate cause.
KAJIMA CONSTRUCTION EUROPE (UK) LTD AND ANOTHER v CHILDREN'S ARK PARTNERSHIP LTD
[2023] BLR Plus 23
Construction contracts - Dispute resolution clauses - Jurisdiction - Conditions precedent - PFI contracts - Limitation periods.
ELEMENTS (EUROPE) LTD v FK BUILDING LTD
[2023] BLR Plus 24
Summary judgment of adjudicator's decision - Whether court should consider parallel Part 8 claim seeking determination of point of contract construction - Time for submitting interim application for payment - Meaning of phrase "not later than four days prior to" - Whether payment application had to be submitted within working hours or by the end of the calendar day.
SHEFFIELD TEACHING HOSPITAL FOUNDATION TRUST v HADFIELD HEALTHCARE PARTNERSHIPS LTD AND OTHERS
[2023] BLR Plus 25
Security for costs.
MUNICIO DE MARIANA AND THE OTHER CLAIMANTS NAMED ON THE CLAIM FORM v BHP GROUP (UK) LTD (FORMERLY BHP GROUP PLC) AND ANOTHER (VALE SA, THIRD PARTY)
[2023] BLR Plus 26
Fundão Dam Disaster case - Group litigation - Limitation issues - Directions - First stage of trial(s).
AVANTAGE (CHESHIRE) LTD AND OTHERS v GB BUILDING SOLUTIONS LTD (IN ADMINISTRATION) AND OTHERS
[2023] BLR Plus 27
Experts - Replacement of Experts - Disclosure.
SLEAFORD BUILDING SERVICES LTD v ISOPLUS PIPING SYSTEMS LTD
[2023] BLR Plus 28
Adjudication enforcement under Part 7 - Parallel Part 8 claim - Construction of terms - Conditions precedent to entitlement to payment - Milestone payments.
RESOURCE RECOVERY SOLUTIONS (DERBYSHIRE) LTD (IN ADMINISTRATION) v DERBYSHIRE COUNTY COUNCIL AND ANOTHER
[2023] BLR Plus 29
Summary judgment - Strike out - Contractual interpretation - Pleadings.
FM CONWAY LTD v THE RUGBY FOOTBALL UNION AND OTHERS
[2023] BLR Plus 30
Construction contracts - Insurance - Co-insurance - Interpretation - Contribution - Preliminary issues.
HOME GROUP LTD v MPS HOUSING LTD
[2023] BLR Plus 31
Adjudication - Size or complexity of referred dispute - Breach of natural justice - Broad justice to be applied by adjudicator - Use of spot checks and sampling by adjudicator.
URS CORPORATION LTD v BDW TRADING LTD
[2023] BLR Plus 32
Defective premises - Limitation - Duty of care - Accrual of cause of action - Amendments - Designers - Loss and damage - "No loss" argument.
VINCI CONSTRUCTION UK LTD v EASTWOOD AND PARTNERS (CONSULTING ENGINEERS) LTD AND OTHERS
[2023] BLR Plus 33
Summary judgment - No real prospect of success - Strike out - Principles for strike out and summary judgment - Limitation Act 1980, section 14A - Claim in tort - Knowledge - Physical damage - Economic loss.
DRAX ENERGY SOLUTIONS LTD (FORMERLY HAVEN POWER LTD) v WIPRO LTD
[2023] BLR Plus 34
Contractual interpretation - Limitation clauses - Whether single aggregate cap or multiple caps.
PANTHER REAL ESTATE DEVELOPMENT LLC v MODERN EXECUTIVE SYSTEMS CONTRACTING LLC
[2023] BLR Plus 35
Notice of delay - Conditions precedent - Good faith - FIDIC - DIFC contract law.
SLEAFORD BUILDING SERVICES LTD v ISOPLUS PIPING SYSTEMS LTD
[2023] BLR Plus 37
Costs - Part 36 CPR - Adjudication enforcement under Part 7 - Parallel Part 8 claim.
ATTORNEY GENERAL OF TRINIDAD AND TOBAGO v TRINSALVAGE LTD
[2023] BLR Plus 38
Unjust enrichment - Services supplied - Contract void - Contrary to the Central Tenders Board Act 1961 - Policy of the Act - Unjust enrichment - Quantum meruit - Whether claim would stultify that Policy - Quantification basis - Objective market rate.
ALUN GRIFFITHS (CONTRACTORS) LTD v CARMARTHENSHIRE COUNTY COUNCIL
[2023] BLR Plus 39
Costs - Indemnity costs - Civil Procedure Rules 1998, rules 44.2(4)–(5)
INNOVATE PHARMACEUTICALS LTD v UNIVERSITY OF PORTSMOUTH HIGHER EDUCATION CORPORATION
[2023] BLR Plus 40
Adjournment - Irredeemable prejudice
JOHN E GRIGGS & SONS LTD v HIGH FIRS PENTHOUSES LTD
[2023] BLR Plus 41
Adjudicator's decision - Judgment - Post-judgment freezing injunction - Interim charging order - Relationship between different forms of relief for unpaid judgment creditor
LIDL GREAT BRITAIN LTD v CLOSED CIRCUIT COOLING LTD (T/A 3CL)
[2023] BLR Plus 42
Adjudication - Enforcement - Part 8 claims - Natural justice - Stage payments - Pay less notices - Estoppel by convention
REPUBLIC OF MOZAMBIQUE (ACTING THROUGH ITS ATTORNEY GENERAL) v PRIVINVEST SHIPBUILDING SAL (HOLDING) AND OTHERS
[2023] BLR Plus 43
Arbitration Act 1996, section 9 - Stay for arbitration - Scope of arbitration agreement
AZ v BY
[2023] BLR Plus 44
Adjudication - Without prejudice material - Apparent bias - Fair-minded and informed observer test - Natural justice.
J&B HOPKINS LTD v A&V BUILDING SOLUTION LTD
[2023] BLR Plus 45
Adjudication - Enforcement of adjudicators' decisions - Stays of execution - Inability to pay judgment sum - Stays of proceedings seeking final decision until compliance with adjudicator's decision.
TELEPERFORMANCE CONTACT LTD v SECRETARY OF STATE FOR THE HOME DEPARTMENT, VF WORLDWIDE HOLDING LTD, INTERESTED PARTY
[2023] BLR Plus 46
Injunction - Damages adequate remedy or not - Whether expedited trial should be ordered.
BEXHILL CONSTRUCTION LTD v KINGSMEAD HOMES LTD
[2023] BLR Plus 47
Adjudication - Adjudicator's decision - Question referred to adjudicator - Whether defences in adjudication considered or addressed - Summary judgment - Stay of execution - Risk of insolvency.