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CARILLION CONSTRUCTION LTD v FELIX (UK) LTD

[2001] BLR 1

Duress - Economic - Threats to withhold delivery - Illegitimate pressure - Practical alternative - Settlement agreement.

MILLER CONSTRUCTION LTD v JAMES MOORE EARTHMOVING

[2001] BLR 10

Arbitration - Misconduct - Removal of arbitrator - Opportunity to be heard - Pleaded case - No prejudice caused by misconduct - Decisions on issues deferred - FCEC Subcontract - Clause 10(2) - Main Contract benefits - Variations.

WOODS HARDWICK LTD v CHILTERN AIR-CONDITIONING LTD

[2001] BLR 23

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Duty to act impartially - Adjudicator’s initiative in ascertaining facts and law - Information obtained not passed on - Objective test for impartiality.

ELANAY CONTRACTS LTD v THE VESTRY

[2001] BLR 33

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Decision of adjudicator - Application to enforce - Issue estoppel on matters in issue between parties - European Convention on Human Rights - Article 6 - Applicability to adjudications - Adjudication not a final determination - Dissipation of assets - Effect in later proceedings.

(1) BAXALL SECURITIES LTD (2) NORBAIN SDC LTD v SHEARD WALSHAW PARTNERSHIP (A FIRM)

[2001] BLR 36

Duty of care - Architect - Negligent design - Appointed by developer in speculative development - Subsequent occupier - Physical damage caused by negligent design - Whether duty of care owed to subsequent occupiers - Class of defects - Reasonable opportunity to inspect - Whether defects could reasonably have been discovered upon inspection.

BYBROOK BARN CENTRE LIMITED AND ORS v KENT COUNTY COUNCIL

[2001] BLR 55

Nuisance - Flooding - Highway authority - Culvert under highway - Adequate when constructed - No strict liability - Emanating from defendants’ land - Obstruction on defendants’ land - Duty to take reasonable steps - Leakey test applied.

ABB ZANTINGH LIMITED v ZEDAL BUILDING SERVICES LIMITED

[2001] BLR 66

Adjudication - Housing Grants, Construction and Regeneration Act 1996, section 105 - Whether “construction contract” - Whether contract to carry out installation of plant on site where primary activity power generation.

NEW ISLINGTON AND HACKNEY HOUSING ASSOCIATION LIMITED v POLLARD THOMAS AND EDWARDS LIMITED

[2001] BLR 74

Limitation - Claim for breach of contract and negligence against architects - Dates of accrual of claims - Continuing duty of architect to review design - Limitation Act 1980, section 14A - Knowledge required for bringing an action for damages.

LINDNER CEILINGS FLOORS PARTITIONS PLC v HOW ENGINEERING SERVICES LIMITED HOW ENGINEERING SERVICES LIMITED v LINDNER CEILINGS FLOORS PARTITIONS PLC

[2001] BLR 90

Arbitration - Costs - Sealed offer - Failure to offer to pay offeree’s costs - Offer to have costs resolved by arbitrator - Whether offer effective - Whether arbitrator should consider terms of offer in exercising discretion on costs.

JD WILLIAMS & CO LTD v MICHAEL HYDE & ASSOCIATES LTD

[2001] BLR 99

Professional negligence - Standard of care - Architect - Whether Bolam test appropriate.

TAMESIDE METROPOLITAN BOROUGH COUNCIL v BARLOW SECURITIES GROUP SERVICES LTD [2001] EWCA Civ 1

[2001] BLR 113

JCT 1963 Local Authorities Form - Clause 30 - Final certificate - Conclusive evidence - Obligation to issue Final Certificate - Promissory estoppel - Limitation - Accrual of contractual claim for defects - Practical completion/Possession date.

(1) JEREMY CASSON (2) ASHLEY JANE CASSON v (1) OSTLEY PJ LTD (2) RICHARD EMMERSON AND ORS

[2001] BLR 126

Construction - Contract - Fire causing damage to premises - Exclusion of liability - Obligation to insure - Whether exemption clause operative - Whether clause unreasonable - Unfair Contract Terms Act 1977, sections 3 and 11 - Preliminary issue.

STENT FOUNDATIONS LIMITED v M J GLEESON GROUP PLC

[2001] BLR 134

Standard terms - Indemnity Clauses - Exemption of liability - Interpretation of contracts - Contra proferentem - Negligence - Doubt about exclusion.

WATFORD ELECTRONICS LTD v SANDERSON CFL LTD [2001] EWCA Civ 317

[2001] BLR 143

Unfair Contract Terms Act 1977 - Term excluding indirect loss - Term limiting loss - Reasonableness of terms - Equality of bargaining strength - Experienced businessmen - Relevance of both parties’ standard terms - Acknowledgement of non-reliance - Effect upon misrepresentation - Approach by appellate court.

WANDSWORTH LONDON BOROUGH COUNCIL v RAILTRACK PLC

[2001] BLR 160

Nuisance - Public nuisance - Pigeon droppings causing inconvenience to pedestrians - Privatenuisance - Negligence - Mitigation of loss.

ANGLIAN WATER SERVICES LTD v CRAWSHAW ROBBINS & CO LTD

[2001] BLR 173

ICE Conditions, 5th edition - Proper construction of clause 22. Negligence - Interruption of gas supply to customers as result of drilling incident - Whether duty of care. Nuisance - Interruption of gas supply to customers as result of drilling incident - Whether actionable nuisance. Water Industry Act 1991, section 209(1) - Interruption of gas supply to customers as result of drilling incident - Whether “loss or damage”.

GLENCOT DEVELOPMENT AND DESIGN CO LIMITED v BEN BARRETT & SON (CONTRACTORS) LIMITED

[2001] BLR 207

Adjudication - Housing Grants, Construction and Regeneration Act 1996, section 108(2) - Duty of Adjudicator to act impartially - Adjudicator’s participation in without prejudice negotiations of the parties - Objective test for bias - Waiver - CPR Part 24 Part 25 and Part 3 and the court’s power to make an order for interim payment.

BEDFORDSHIRE COUNTY COUNCIL v FITZPATRICK CONTRACTORS LIMITED

[2001] BLR 226

Setting aside judgment - Principles applicable - Fraud alleged - Probability of different conclusion - Anti-collusion tender certificate - Weight of evidence - Ultra vires - Void or voidable contract.

L G CALTEX GAS CO LIMITED CONTIGROUP COMPANIES INC. v CHINA NATIONAL PETROLEUM CORPORATION CHINA PETROLEUM TECHNOLOGY & DEVELOPMENT CORPORATION

[2001] BLR 235

Arbitration - Jurisdiction - Whether “ad hoc” submission of question of jurisdiction to arbitrator - Challenge to arbitrator’s jurisdiction - Whether challenge barred - Arbitration Act 1996, sections 67 and 73.

CIRCUIT SYSTEMS LTD W J BASTEN v ZUKEN-REDAC (UK) LTD [2001] EWCA Civ 481

[2001] BLR 253

Strike out of pleadings - CPR 3.4(2)(c) - Power to strike out a claim for failure to comply with a rule or Court order - Exercise of the Court’s discretion.

DAVID WILSON HOMES LTD v SURVEY SERVICES LTD (IN LIQUIDATION) AND ANOR [2001] EWCA Civ 34

[2001] BLR 269

Arbitration agreement - Arbitration Act 1996, section 6 - Insurance policy - Reference of disputes to Queen’s Counsel - Stay of proceedings.

AUSTIN HALL BUILDING LTD v BUCKLAND SECURITIES LTD

[2001] BLR 274

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Human Rights Act 1998, section 6 - European Convention on Human Rights, Article 6 - Fair and public hearing - Applicability to adjudication - Natural justice - Fairness of adjudication timetables.

DISCAIN PROJECT SERVICES LTD v OPECPRIME DEVELOPMENT LTD

[2001] BLR 287

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Scheme for Construction Contracts (England and Wales) Regulations 1998. Bias - Natural justice - Unilateral discussions between applicant and adjudicator - Danger of bias - Whether court should enforce award.

THE ROYAL BROMPTON HOSPITAL NATIONAL HEALTH SERVICE TRUST v (1) FREDRICK ALEXANDER HAMMOND (2) JOHN RICHARD LERCHE (3) ANTHONY ROBERT HARRIS (4) ALAN MASSEY (5) ALFRED GEORGE HEPDEN (6) SYLVIAN REINHOLD (7) BRIAN ERNEST TEALE (8) WATKINS GRAY INTERNATIONAL (UK) (9) AUSTEN ASSOCIATES (A FIRM) (10) NORTH, NEIGHBOUR AND NICHOLSON (11) CLARKE NICHOLLS & MARCELL (A FIRM) (12) ARLINGTON PROJECT MANAGEMENT LIMITED (13) PROJECT MANAGEMENT INTERNATIONAL LIMITED (14) IVOR GORDON BERRESFORD (15) KEITH PEGDEN SMITH (16) AUSTEN ASSOCIATED LIMITED

[2001] BLR 297

The court’s management powers - The power to exclude an issue from consideration under rule 3.1(2)(k) CPR - Summary judgment Part 24 CPR and the relevant standard to be applied.

THE ROYAL BROMPTON HOSPITAL NATIONAL HEALTH SERVICE TRUST v (1) FREDRICK ALEXANDER HAMMOND (2) JOHN RICHARD LERCHE (3) ANTHONY ROBERT HARRIS (4) ALAN MASSEY (5) ALFRED GEORGE HEPDEN (6) SYLVIAN REINHOLD (7) BRIAN ERNEST TEALE (8) WATKINS GRAY INTERNATIONAL (UK) (9) AUSTEN ASSOCIATES (A FIRM) (10) NORTH, NEIGHBOUR AND NICHOLSON (11) CLARKE NICHOLLS & MARCELL (A FIRM) (12) ARLINGTON PROJECT MANAGEMENT LIMITED (13) PROJECT MANAGEMENT INTERNATIONAL LIMITED (14) IVOR GORDON BERRESFORD (15) KEITH PEGDEN SMITH (16) AUSTEN ASSOCIATED LIMITED

[2001] BLR 317

Judgment - Discretion of court to recall, vary or alter judgment.

JAMES MOORE EARTHMOVING v MILLER CONSTRUCTION LIMITED

[2001] BLR 322

Arbitration - Misconduct - Removal of arbitrator - Opportunity to be heard - Whether a reasonable person would have confidence in the arbitrator’s ability to reach fair and balanced conclusion - Whether prejudice to a party relevant consideration.

LG CALTEX GAS CO LIMITED CONTIGROUP COMPANIES INC v CHINA NATIONAL PETROLEUM CORPORATION CHINA PETROLEUM TECHNOLOGY & DEVELOPMENT CORPORATION

[2001] BLR 325

Arbitration - Jurisdiction - Whether “ad hoc” submission of question of jurisdiction to arbitrator - Challenge to arbitrator’s jurisdiction - Whether challenge barred - Arbitration Act 1996, sections 67 and 73.

BRITISH TELECOMMUNICATIONS PLC v BELL CABLE MEDIA (LEEDS) LIMITED

[2001] BLR 343

New Roads and Street Works Act 1991 - Sections 82(1)(b) and 96 - Damages to BT apparatus - Compensation - Staff costs - Overheads - Administrative expense.

THE MANAGEMENT CORPORATION STRATA TITLE PLAN NO 1933 (No ID No. exists) v LIANG HUAT ALUMINIUM LIMITED (formerly known as LIANG HUAI ALUMINIUM PTE LTD) (RC No. 198203779D)

[2001] BLR 351

Construction of deed - Factual matrix - Pre-contract negotiations not admissible.

PETER MARCIC v THAMES WATER UTILITIES LTD

[2001] BLR 366

Nuisance - Failure of sewerage undertaker to provide effectual system of drainage, causing flood - Whether liable for non-feasance - Water Industry Act 1991, sections 18, 22 and 94. Human Rights - Whether sewerage undertaker acting in way incompatible with Convention right - Right to respect for private and family life - Protection of property - Human Rights Act 1998, section 6 and schedule 1 (Article 8 of Convention and Article 1 of First Protocol to Convention). Damages - Damages in lieu of injunction at claimant’s election - Damages in respect of future wrongs - Appropriate principles under Human Rights Act 1998.

GROUNDSHIRE v VHE CONSTRUCTION

[2001] BLR 395

Arbitration Act 1996 - Sections 24(1), 33, 57(3), 68 and 70(2) - Serious irregularity - Remission first choice remedy - “Substantial injustice” meaning - Clarification by arbitrator required first.

GIBSON LEA RETAIL INTERIORS LTD v MAKRO SELF SERVICE WHOLESALERS LTD

[2001] BLR 407

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Sections 104, 105 - Construction operations - Structures forming part of land - Shopfitting works.

RAINFORD HOUSE LIMITED v CADOGAN LIMITED

[2001] BLR 416

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Enforcement of adjudicator’s decision - Application for summary judgment under CPR Part 24.2 - Stay of execution under Order 47 r 1 - Special circumstances rendering it inexpedient to enforce judgment - Claimant insolvent.

BELGRAVIA PROPERTY COMPANY LIMITED v S & R (LONDON) LIMITED AND ANOTHER

[2001] BLR 424

JCT Management Contract 1987 Edition - JCT Works Contract/2 1987 Edition Clauses 1.11 and 4.27 - Name-borrowing - Joinder of arbitration - Indemnity and security for Management Contractor - Arbitration Act 1996, section 32.

(1) FLOODS OF QUEENSFERRY LIMITED (2) DAVID CHARLES FLOOD and (1) SHAND CONSTRUCTION LIMITED (2) MORRISON SHAND CONSTRUCTION LIMITED (3) MORRISON CONSTRUCTION LIMITED v SHAND CONSTRUCTION LIMITED (as Part 20 Claimant) and (1) ANTONY FLOOD (2) FLOODS PROPERTIES AND DEVELOPMENT COMPANY LIMITED (3) WINWARD FEARON

[2001] BLR 446

Costs - Wasted costs - Section 51 Supreme Court Act 1981 - Legal expenses insurance - Right of parties to litigation to fund - Right of solicitors to fund.

LIVERPOOL ROMAN CATHOLIC ARCHDIOCESAN TRUST v DAVID GOLDBERG QC

[2001] BLR 479

Evidence - Expert evidence - Admissibility - Relation between expert and party calling him - Whether such relationship renders evidence inadmissible.

DIANA EILEEN MERRETT v JOHN R H BABB

[2001] BLR 483

Negligence - Surveyor’s valuation of property for building society - Knowledge of third party reliance - Duty of care owed by the employee of the firm of surveyors who actually carried out the report to the third part. Limitation Act 1980 - section 35(3) and 35(5)(b) - Necessary party to proceedings.

JOSEPH DAYANI v LONDON BOROUGH OF BROMLEY

[2001] BLR 503

Nuisance - Abatement - Defendant tenant of one property and owner of neighbouring property - Tree fell from land of which tenant onto land of which owner - Defendant cut tree back - Whether Defendant entitled to do so. Landlord and tenant - Whether Defendant’s actions breach of obligation to use premises in tenant-like manner or voluntary waste. Insurance - Whether Claimant’s insurance policy intended to insure for benefit of both parties.

SL TIMBER SYSTEMS LIMITED v CARILLION CONSTRUCTION LIMITED

[2001] BLR 516

Adjudication - Housing Grants, Construction and Regeneration Act 1996, sections 110, 111 - Jurisdiction of adjudicator - Error of law - Sections 110(2) and 111 notices - Failure to give notices, effect of - Sums due under the contract - Insolvency, relevance of.

BALLAST PLC v THE BURRELL COMPANY (CONSTRUCTION MANAGEMENT) LIMITED

[2001] BLR 529

Adjudication - Jurisdiction of adjudicator - Housing Grants, Construction and Regeneration Act 1996, sections 108, 114(4) - Scheme for Construction Contracts (Scotland) paragraphs 9(2), 20(1) - Adjudicator’s decision - Inability to determine referred dispute - Scottish judicial review procedure - Nullity of decision.

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