i-law

Building Law Reports

A&A MECHANICAL CONTRACTORS AND COMPANY LTD v PETROLEUM COMPANY OF TRINIDAD AND TOBAGO

[2023] BLR 1
Variations – Negotiations over final account – Privilege – Without prejudice communications – Admissibility to establish agreement – Waiver.

THE UNIVERSITY OF MANCHESTER v JOHN MCASLAN & PARTNERS LTD AND OTHERS

[2023] BLR 15
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 34
Land – Sale contract – Fraudulent misrepresentations – Breaches of planning conditions – Enforcement.

TEJANI v FITZROY PLACE RESIDENTIAL LTD, 2-10 MORTIMER STREET GP LTD AS AGENERAL PARTNER OF 2-10 MORTIMER STREET LTD PARTNERSHIP

[2023] BLR 65
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.

S3D INTERACTIVE INC v OOVEE LTD

[2023] BLR 83
Arbitration – Peremptory order by arbitrator – Security ordered to be provided – Failure to provide security – Purported termination of arbitration agreement – Application to court by each party, one under Arbitration Act, section 32 to determine jurisdiction, the other under Arbitration Act, section 42 to enforce peremptory order – Principles and whether jurisdiction needs determining by court prior to making section 42 order.

SUDLOWS LTD v GLOBAL SWITCH ESTATES LTD

[2023] BLR 94
Adjudication – Natural justice – Whether bound by previous adjudicator's decision – Severance.

MUNICÍPIO DE MARIANA AND OTHERS v BHP GROUP (UK) LTD (FORMERLY BHP GROUP PLC), BHP GROUP LTD AND VALE SA (THIRD PARTY)

[2023] BLR 111
Group litigation – Multiple claimants – Directions – Need for effective record of claimants – Group register – Case management.

TEJANI v FITZROY PLACE RESIDENTIAL LTD, 2–10 MORTIMER STREET GP LTD AS A GENERAL PARTNER OF 2–10 MORTIMER STREET LTD PARTNERSHIP

[2023] BLR 122
Costs – Standard or indemnity basis – Conduct that is “out of the norm”.

MEDEQUIP ASSISTIVE TECHNOLOGY LTD v THE MAYOR AND BURGESSES OF THE ROYAL BOROUGH OF KENSINGTON AND CHELSEA, NOTTINGHAM REHAB CENTRE LTD (TRADING AS NRS HEALTHCARE)

[2023] BLR 127
Procurement – Application to lift the suspension – Application for an expedited trial – Public Contracts Regulations 2015 (SI 2015 No 102).

COBALT DATA CENTRE 2 LLP, COBALT DATA CENTRE 3 LLP (THE “LLPS”) v THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS

[2023] BLR 147
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.

MORGAN SINDALL CONSTRUCTION AND INFRASTRUCTURE LTD v CAPITA PROPERTY AND INFRASTRUCTURE (STRUCTURES) LTD AND ANOTHER

[2023] BLR 176
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.

RAVESTEIN BV v TRANT ENGINEERING LTD

[2023] BLR 190
Arbitration – Appeal – Permission to appeal – Grounds.

LJR INTERIORS LTD v COOPER CONSTRUCTION LTD

[2023] BLR 200
Adjudication enforcement – Part 7 – Seeking a declaration of unenforceability under Part 8 – Limitation defence to underlying claim.

A&V BUILDING SOLUTIONS LTD v J&B HOPKINS LTD

[2023] BLR 219
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.

URS CORPORATION LTD v BDW TRADING LTD

[2023] BLR 232
Negligence – Accrual of cause of action – Building Safety Act 2022 – Limitation. – Amendments – Whether should have been granted – Permission to appeal sought – Prospects of success on appeal – Compelling reason.

WRB (NI) LTD v HENRY CONSTRUCTION PROJECTS LTD

[2023] BLR 238
Construction contracts – Adjudication – Enforcement of adjudicator's decisions – Stay of execution.

J&B HOPKNS LTD v A&V BUILDING SOLUTION LTD

[2023] BLR 244
Adjudication – Jurisdiction – Natural justice.

NICHOLAS JAMES CARE HOMES LTD v LIBERTY HOMES (KENT) LTD

[2023] BLR 256
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.

KAJIMA CONSTRUCTION EUROPE (UK) LTD AND ANOTHER v CHILDREN’S ARK PARTNERSHIP LTD

[2023] BLR 271
Construction contracts – Dispute resolution clauses – Jurisdiction – Conditions precedent – PFI contracts – Limitation periods.

POWER AND ANOTHER v SHAH [2023] EWCA Civ 239

[2023] BLR 296
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 312
Insurance contracts – Interpretation – War exclusions – Proximate cause.

ELEMENTS (EUROPE) LTD v FK BUILDING LTD

[2023] BLR 323
Summary judgment of adjudicator's decision – Whether court should consider parallel Part 8 claim seeking determination of point of contract construction – Computation of 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 333
Construction – Private finance initiative – Fire protection and compartmentalisation defects – Damages. – Limitation – Standstill agreements – Whether additional claims in whole or part included or excluded. – Summary judgment – Strike out of pleading. – Security for costs.

FM CONWAY LTD v THE RUGBY FOOTBALL UNION AND OTHERS

[2023] BLR 353
Construction contracts – Insurance – Co-insurance – Interpretation – Contribution – Preliminary issues.

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 374
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 388
Experts – Replacement of Experts – Disclosure.

RESOURCE RECOVERY SOLUTIONS (DERBYSHIRE) LTD (IN ADMINISTRATION) v DERBYSHIRE COUNTY COUNCIL AND ANOTHER

[2023] BLR 396
Summary judgment – Strike out – Contractual interpretation – Pleadings.

SLEAFORD BUILDING SERVICES LTD v ISOPLUS PIPING SYSTEMS LTD

[2023] BLR 422
Adjudication enforcement under Part 7 – Parallel Part 8 claim – Construction of terms – Conditions precedent to entitlement to payment – Milestone payments.

URS CORPORATION LTD v BDW TRADING LTD

[2023] BLR 437
Defective premises – Limitation – Duty of care – Accrual of cause of action – Amendments – Designers – Loss and damage – “No loss” argument.

HOME GROUP LTD v MPS HOUSING LTD

[2023] BLR 474
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.

VINCI CONSTRUCTION UK LTD v EASTWOOD AND PARTNERS (CONSULTING ENGINEERS) LTD AND OTHERS

[2023] BLR 490
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.

ATTORNEY GENERAL OF TRINIDAD AND TOBAGO v TRINSALVAGE LTD

[2023] BLR 505
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.

SQD v QYP

[2023] BLR 520
Arbitration clause – ICC arbitration – Foreign court proceedings commenced – Injunction – Anti-suit injunction – Jurisdiction. – Injunction – Anti-enforcement injunction.

DRAX ENERGY SOLUTIONS LTD (FORMERLY HAVEN POWER LTD) v WIPRO LTD

[2023] BLR 537
Contractual interpretation – Limitation clauses – Whether single aggregate cap or multiple caps.

PANTHER REAL ESTATE DEVELOPMENT LLC v MODERN EXECUTIVE SYSTEMS CONTRACTING LLC

[2023] BLR 552
Notice of delay – Conditions precedent – Good faith – FIDIC – DIFC contract law.

SLEAFORD BUILDING SERVICES LTD v ISOPLUS PIPING SYSTEMS LTD

[2023] BLR 575
Costs – Part 36 CPR – Adjudication enforcement under Part 7 – Parallel Part 8 claim.

REPUBLIC OF MOZAMBIQUE (ACTING THROUGH ITS ATTORNEY GENERAL) v PRIVINVEST SHIPBUILDING SAL (HOLDING) AND OTHERS

[2023] BLR 585
Contracts – Claims arising from the circumstances of conclusion of the contract – Arbitration Act 1996, section 9 – Stay for arbitration – Scope of arbitration agreement.

ALUN GRIFFITHS (CONTRACTORS) LTD v CARMARTHENSHIRE COUNTY COUNCIL

[2023] BLR 607
Adjudication – Adjudicator's decision – Summary judgment – Stay of execution – Civil Procedure Rules 1998, rule 83.7(4)(a). – Costs – Indemnity costs – Civil Procedure Rules 1998, rules 44.2(4) – (5).

JOHN E GRIGGS & SONS LTD v HIGH FIRS PENTHOUSES LTD

[2023] BLR 615
Interim relief – Freezing injunction – Without notice – Principles. – Adjudicator's decision – Judgment – Post-judgment freezing injunction – Interim charging order – Relationship between different forms of relief for unpaid judgment creditor.

INNOVATE PHARMACEUTICALS LTD v UNIVERSITY OF PORTSMOUTH HIGHER EDUCATION CORPORATION

[2023] BLR 623
Adjournment – Adjournment of trial – Late adjournment – Principles to be applied. – Adjournment – Irredeemable prejudice.

LIDL GREAT BRITAIN LTD v CLOSED CIRCUIT COOLING LTD (T/A 3CL)

[2023] BLR 629
Adjudication – Enforcement – Part 8 claims – Natural justice – Stage payments – Pay less notices – Estoppel by convention.

DEUTSCHE BANK AG v RUSCHEMALLIANCE LLC

[2023] BLR 653
Appeal – Arbitration clause – ICC arbitration – Foreign court proceedings commenced – Injunction – Anti-suit injunction – Jurisdiction. – Injunction – Anti-enforcement injunction.

AZ v BY

[2023] BLR 664
Adjudication – Without prejudice material – Apparent bias – Fair-minded and informed observer test – Natural justice.

TELEPERFORMANCE CONTACT LTD v SECRETARY OF STATE FOR THE HOME DEPARTMENT, VF WORLDWIDE HOLDING LTD, INTERESTED PARTY

[2023] BLR 675
Procurement – Automatic suspension – Application to lift – Damages and whether adequate remedy. – Injunction – Damages adequate remedy or not – Whether expedited trial should be ordered.

BEXHILL CONSTRUCTION LTD v KINGSMEAD HOMES LTD

[2023] BLR 691
Adjudication – Adjudicator's decision – Question referred to adjudicator – Whether defences in adjudication considered or addressed – Summary judgment – Stay of execution – Risk of insolvency.

J&B HOPKINS LTD v A&V BUILDING SOLUTION LTD

[2023] BLR 703
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.

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