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CIRCUIT SYSTEMS Ltd (In Liquidation) and Another v ZUKEN-REDAC (UK) Ltd (formerly RACAL-REDAC (UK) Ltd) NORGLEN Ltd (In Liquidation) v REEDS RAINS PRUDENTIAL Ltd and Others

(1998) 87 BLR 1

Assignment by liquidator - Purpose to obtain legal aid - Abuse of the process - Whether should be struck down - Champerty - Public policy Substitution - Joinder - RSC Ord 15, r7 - Conditions

MELLOWES ARCHITAL Ltd v BELL PROJECTS Ltd

(1998) 87 BLR 26

DOM/1, clause 23 - Interim payments and set-off - Set-off only of matters raised within strict time limit - Abatement - Whether common law rule of abatement applied to damages for delay

Procedure - RSC Ord 14, r2 - Affidavit deposing to sum owed - Sum later reduced - Technical objection

BRITISH SUGAR plc v NEI POWER PROJECTS Ltd and Another

(1998) 87 BLR 42

Damages - Limitation of liability - Meaning of the word “consequential”

ASTRACHAN & HENSHAW Ltd v STEIN INDUSTRIE (UK) Ltd and GEC ALSTHOM Ltd

(1998) 87 BLR 52

Variation

Exclusion clause - Exclusion of damages claims, exclusion of claims under the Misrepresentation Act 1967

Words and phrases “Variation”, “Work”, “Works”, “arise out of, under or in connection with the Contract or the Works” MF/1 General Conditions of Contract, Conditions 4.1, 27 and 44.4

TOWER HOUSING ASSOCIATION Ltd v TECHNICAL & GENERAL GUARANTEE Co Ltd

(1998) 87 BLR 74

Performance guarantee - Time of demand - Making a “proper” demand JCT Standard Form of Contract with Contractor’s Design 1981 with amendments 1-7- Clause 27- Termination of contractor’s employment Administrative receivership

RSC Ord 14 - RSC Ord 29

MATTHEW HALL ORTECH Ltd v TARMAC ROADSTONE Ltd

(1998) 87 BLR 96

Arbitration - Application for leave to appeal from arbitrator’s award under the Arbitration Act 1979, s 1(3)(b) - Whether court hearing the appeal should look at reasons provided by the judge when granting leave to appeal

Certificate - Final certificate - Effect of final certificate under the Model Form of Conditions of Contract for Process Plants (revised 1981) published by the Institution of Chemical Engineers, clause 38.5 Contract - Interpretation - Use of the Guide Notes published by the Institution of Chemical Engineers as an aid to construction of the Conditions of Contract