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THAMES WATER UTILITIES LIMITED v PETER MARCIC

[2004] BLR 1

Flooding - Discharge of overburdened sewers - Water Industry Act 1991 sections 18, 22, 44, 106 - Nuisance - Human Rights - Right to respect for private and family life - Article 8 of the Convention on Human Rights.

RUPERT MORGAN BUILDING SERVICES (LLC) LIMITED v DAVID JERVIS AND HARRIET JERVIS

[2004] BLR 18

Payment - Notice of intention to withhold payment - Contract providing for payment on interim certificates - Proper construction of section 111, Housing Grants, Construction and Regeneration Act 1996.

THOMAS-FREDRIC’S (CONSTRUCTION) LIMITED v KEITH WILSON

[2004] BLR 23

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Section 107 - Written contract - Identity of contracting parties. Adjudication - Jurisdiction - Whether submitting to adjudicator’s jurisdiction - Whether decision by adjudicator determinative or open to challenge.

JEWSONS LIMITED v LEANNE BOYKAN

[2004] BLR 31

Sale of Goods Act 1979 - Section 14(3). Fitness for purpose - Partial reliance as to suitability - Section 14(2). Satisfactory quality.

OVE ARUP & PARTNERS INTERNATIONAL LTD and ANOTHER v MIRANT ASIA-PACIFIC CONSTRUCTION (HONG KONG) LTD and ANOTHER

[2004] BLR 49

Formation of contract - Unequivocal acceptance - Acceptance by conduct - Objective intentions of the parties - Inactivity or exhaustion as conduct - Reference in signed contract to a draft contract not agreed.

PEGRAM SHOPFITTERS LIMITED v TALLY WEIJL (UK) LIMITED

[2004] BLR 65

Adjudication - Enforcement of decision - Jurisdiction of the adjudicator - Dispute as to terms of contract - Dispute as to whether there was a contract.

RHODIA CHIREX LIMITED v LAKER VENT ENGINEERING LIMITED [2003] EWCA Civ 1859

[2004] BLR 75

IChemE model form - Clause 45 (Reference to an expert) and clause 46 (Disputes) of general conditions - Only latter referred to in form of agreement - Whether clause 45 operative - True effect of clause 45. Experts - Expert determination - Jurisdiction - Whether submission to jurisdiction - Arbitration - Stay to arbitration - Arbitration Act 1996, section 9 - Whether dispute in relation to subject of proceedings.

BNP PARIBAS & Others v DELOITTE & TOUCHE LLP [2003] EWHC 2874 (COMM)

[2004] BLR 90

Arbitration - Application for production of documents - Disclosure - CPR Rule 34.4 - Arbitration Act - Section 43 - CPR Rule 31.14 - CPR Rule 31.17.

PILKINGTON UNITED KINGDOM LTD v CGU INSURANCE PLC

[2004] BLR 97

Insurance - Product liability - Meaning of “damage” - Meaning of “physical damage” - Altered state required - Remedial scheme to prevent future damage - Notice - Conditions precedent.

BARNES & ELLIOT LTD v TAYLOR WOODROW HOLDINGS LTD AND ANOR

[2004] BLR 111

Adjudication - Failure to communicate decision timeously - Effect of failure.

SIMONS CONSTRUCTION LTD v AARDVARK DEVELOPMENTS LTD

[2004] BLR 117

Adjudication - Failure to give decision timeously - Effect of failure.

GILLIES RAMSAY DIAMOND & OTHERS v P J W ENTERPRISES LTD

[2004] BLR 131

Adjudication - Construction Contract, section 104 Housing Grants Construction and Regeneration Act - Failure to take material into account - Unintelligibility of reasons - Error of law.

PRATT CONTRACTORS LTD v TRANSIT NEW ZEALAND

[2004] BLR 143

Procurement - Need to comply with tendering rules - Application of procedures - Fairness - Equal treatment of tenderers - Obligation of good faith.

BATH AND NORTH EAST SOMERSET DISTRICT COUNCIL v MOWLEM PLC [2004] EWCA Civ 722

[2004] BLR 153

JCT Contract Local Authorities With Quantities 1998 Edition - Clause 4 - Non-compliance with Architect’s Instructions - The employer retaining another contractor - Injunction sought by original contractor - Balance of convenience - Actual losses likely to be greater than liquidated damages - Taking account of unquantifiable and irrecoverable losses.

WESTMINSTER BUILDING COMPANY LIMITED v BECKINGHAM [2004] EWHC 138 (TCC)

[2004] BLR 163

Adjudication - Enforcement of adjudicator’s decision - Whether contractual terms included adjudication clause - Whether enforceability of capping agreement matter within adjudicator’s jurisdiction - Whether adjudication clause unfair within meaning of Unfair Terms in Consumer Contracts Regulations 1999.

IDE CONTRACTING LTD v R G CARTER CAMBRIDGE LTD

[2004] BLR 172

Adjudication - Scheme for Construction Contracts (England and Wales) Regulations 1998, sections 2(1), 3, 6 - Inability of adjudicator named in contract to act - Failure by Referring Party to comply with appointment provisions - Impact on jurisdiction of appointed adjudicator.

LONDON AND AMSTERDAM PROPERTIES LTD v WATERMAN PARTNERSHIP LTD

[2004] BLR 179

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Enforcement. Adjudicator - Adjudicator’s terms of engagement - Whether conflict with Scheme - Whether adjudicator had jurisdiction. Adjudicator - Involvement in previous dispute on same project - Natural justice - Whether breach of natural justice to accept appointment. Referral Notice - Contractual restriction on length - lack of compliance with restriction - Whether Notice valid. Dispute - Supply of information - Information provided for first time in adjudication - Whether adjudicator acted impartially. Error of law - Whether award enforceable.

SHIRAYAMA SHOKUSAN COMPANY LTD v DANOVO LTD

[2004] BLR 207

ADR - Mediation - Jurisdiction of Court to order ADR without all parties consenting - CPR 1.1.

CONOR ENGINEERING LIMITED v LES CONSTRUCTIONS INDUSTIELLE DE LA MEDITERRANEE

[2004] BLR 212

Adjudication - Section 105(2)(c) of the Housing Grants, Construction and Regeneration Act 1996 - Primary activity at site - Power generation - Application of the Act - Section 111 - Withholding notices - Date for final payment - Mechanism in contracts for determining final date - Adjudicator’s decisions binding as to date.

DAEJAN INVESTMENTS LTD v THE PARK WEST CLUB LTD and PART 20 DEFENDANT BUXTON ASSOCIATES

[2004] BLR 223

Pleadings - Amendment - Application to amend Part 20 Particulars of Claim - Discretion - Terms upon which permission should be granted. Failure to follow protocol - Permission to amend - Costs - Terms upon which permission granted.

DEPARTMENT OF ECONOMIC POLICY AND DEVELOPMENT OF THE CITY OF MOSCOW AND ANOR v BANKERS TRUST COMPANY AND ANOR

[2004] BLR 229

Arbitration - Application under section 68 Arbitration Act 1996 - Judgment dismissing application - Whether successful party entitled to publish, generally or within limits, judgment - Whether successful party entitled to publish, generally or within limits, Lawtel summary of judgment.

HURST STORES AND INTERIORS LIMITED v M L EUROPE PROPERTY LIMITED

[2004] BLR 249

Full and final settlement - Signed statement of account - Unilateral mistake - Actual, implied and ostensible authority - Rectification.

CHAPELWOOD ESTATES LIMITED v DOCKLANDS LIGHT RAILWAY LIMITED & OTHERS

[2004] BLR 260

Stay of TCC proceedings made by agreement - Application to lift the stay - Settlement of claims in relation to Land Tribunal proceedings.

WESTMINSTER BUILDING COMPANY LIMITED v ANDREW BECKINGHAM

[2004] BLR 265

Adjudication - Terms of contract in dispute - Adjudicator’s jurisdiction - Unfair contract terms in Consumer Contracts Regulation 1999 - Variation Agreement.

EARL TERRACE PROPERTIES LIMITED v NILSSON DESIGN LIMITED and CHARTER CONSTRUCTION PLC

[2004] BLR 273

Damages - Negligence of architect - Delay of project - Delayed release of funds “held” in project - Whether recoverable - Appropriate or “notional” rate. Damages - Negligence of architect - Delay of project - Delayed sales of houses - Market movement during delay period - Increased sales values - Whether defendant entitled to benefit or credit for market movement.

LAING MANAGEMENT (SCOTLAND) LTD v JOHN DOYLE CONSTRUCTION LTD

[2004] BLR 295

Pleading - Global claim - Causation - Impossibility of identifying individual cause and loss - Whether necessary to recover global loss - Cause responsibility of party claiming - Whether global calculation of loss should be excluded from probation.

WILLIAM VERRY LTD v NORTH WEST LONDON COMMUNAL MIKVAH

[2004] BLR 308

Adjudication - Whether referral notice timeous - Section 108(2)(b) Housing Grants, Construction and Regeneration Act 1996.

Adjudication - Whether dispute or difference.

Adjudication - Previous adjudication deciding sum due on interim certificate - Whether adjudicator should have considered employer’s case on defects in deciding sum due on subsequent interim certificate - Whether adjudicator’s error error within jurisdiction - Direction that judgment should not be drawn up for six weeks.

RONLY HOLDINGS LTD v JSC ZESTAFONI G NIKOLADZ FERROALLOY PLANT

[2004] BLR 323

Arbitration Act 1996 - Sections 67, 68 and 69 - Set-off from other transactions - Claimant initially giving, later withdrawing credit - Arbitrator’s award allowing credit for other transactions - Need for finality and completeness of award - No power for arbitrator to reserve decisions on issues before him to others.

CONNEX SOUTH EASTERN LTD v MJ BUILDING SERVICES GROUP LTD

[2004] BLR 333

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Sections 107(4) and 108(2)(a) - Contract in writing - Oral acceptance of tender evidenced by meeting minute - Implied terms in contract in writing - Adjudication surviving repudiation of underlying contract - Effect of accord and satisfaction between joint debtors - Adjudication “at any time”.

ULTRAFRAME (UK) LTD v TAILORED ROOFING SYSTEMS LTD

[2004] BLR 341

Implied terms - Exclusive supply agreement - Supplier approaching customers of purchaser - Implied term not deliberately to injure purchaser’s business - Implied term to act in good faith - Principles applicable - Delay in producing judgment.

McALPINE PPS PIPELINE SYSTEMS JOINT VENTURE v TRANSCO PLC

[2004] BLR 352

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Section 108(2) - Adjudicator taking initiative in ascertaining facts and law. Adjudication - Jurisdiction of adjudicator - Dispute referred - Whether dispute adjudicated upon was different. Adjudication - Service of further material by referring party - Service in response - Whether new material - Whether opportunity to deal with material - Natural justice. Enforcement - Application under CPR Part 24 - Real prospect of defeating application for enforcement of award.

SM GOLDSTEIN & CO (PTY) LTD v CATHKIN PARK HOTEL (PTY) LTD AND ANOTHER

[2004] BLR 369

Negligence - Fire - Partial compliance with contract - Non-compliance with manufacturer’s instructions - Non-compliance with Building Regulations - Compliance with architect’s design - Manifestly unsafe design - Liability of others immaterial.

BUXTON BUILDING CONTRACTORS LTD v GOVERNORS OF DURAND PRIMARY SCHOOL

[2004] BLR 374

Adjudication - JCT IFC 1998 form of contract - Unauthorised interim certificate - Cross-claim for defects - Retention only sum outstanding - No prescribed time for payment - Scheme for Construction Contracts - Withholding notice in two parts - Need for adjudicator to consider whole of dispute referred - Unfairness.

RITCHIE BROTHERS (PWC) LTD v DAVID PHILP (COMMERCIALS) LTD

[2004] BLR 379

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Scheme for Construction Contracts (Scotland) Regulations 1998 (SI 1998/687) - Section 108 of the Act - Right to refer dispute. Housing Grants, Construction and Regeneration Act 1996 - Scheme for Construction Contracts (Scotland) Regulations 1998 (SI 1998/687) - Paragraphs 7 and 19 of Scheme - Time within which adjudicator must reach decision.

JOHN MOWLEM CONSTRUCTION PLC v NEIL F JONES & CO

[2004] BLR 387

Liability of solicitors - Clients’ possible insurance claim - Scope of solicitors’ retainer - Question of fact - Causation.

WESTMINSTER CITY COUNCIL v OCEAN LEISURE LTD

[2004] BLR 393

Public nuisance - Hoardings - Narrow passage through hoardings to shop - Obstruction of the highway - Interference in substantial measure over substantial period of time - Injurious affection - Compulsory Purchase Act 1965 - Section 10 - Compensation.

SPECIALIST CEILING SERVICES NORTHERN LTD v ZVI CONSTRUCTION (UK) LTD

[2004] BLR 403

Adjudication - Conduct of adjudicator - Receipt by adjudicator of “without prejudice” material - Impartiality - Actual or perceived bias - Objective test.

YORKSHIRE WATER SERVICES LTD v (1) TAYLOR WOODROW CONSTRUCTION NORTHERN LTD (2) BIWATER TREATMENT LTD and ELGA LTD Part 20 Defendant

[2004] BLR 409

Appeal - Permission to appeal - Time period - Extension of time - Jurisdiction - Civil Procedure Rules - CPR Part 52.3 - CPR Part 52.4 - CPR Part 52.6.

MERSEY DOCKS PROPERTY HOLDINGS LTD and OTHERS v MICHAEL KILGOUR

[2004] BLR 412

Service of claim form - Last known place of business - Last place known to claimant - Reasonable steps to ascertain place of business - CPR Part 6.5 - Knowledge of assignors imputed to assignee claimants - Extension of time for service of claim - Relevant factors to take in to account - CPR Part 7.6.

MOWLEM PLC v PHI GROUP LIMITED

[2004] BLR 421

Arbitration - Appeal on points of law - Section 69 Arbitration Act 1996. Restitution - Free acceptance - Whether entitlement to payment where material supplied by one party for both parties’ mutual benefit. Implied term - Whether implied term that sub-contractor under obligation to accept free-issue fill material. Remoteness - Whether parties contemplated that free-issue fill material might be contaminated.

HORBURY BUILDING SYSTEMS LTD v HAMPDEN INSURANCE NV

[2004] BLR 431

Insurance - All Risks - Product liability - 16 auditoria cinema - Ceiling collapse in one auditorium - Whole cinema closed - Loss of revenue - Repairs to other auditoria - Cover “in respect of loss of or damage to…property caused by…Products” - Construction of Policy - Assumption of basic knowledge of law.

MASTER TASHAN GABRIEL v KIRKLEES METROPOLITAN COUNCIL

[2004] BLR 441

Construction site - Duty of care to passers-by - Danger of children throwing stones from site - Foreseeable risk of injury.

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