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VALE SA v BHP GROUP (UK) LTD AND BHP GROUP LTD
[2024] BLR Plus 1
Court of Appeal - Permission to appeal - Test for grant of permission.
CRYSTAL ELECTRONICS LTD v DIGITAL MOBILE SPECTRUM LTD
[2024] BLR Plus 2
Adjudication - Construction operations - Housing Grants, Construction and Regeneration Act 1996, sections 104 and 105 - Installation of systems forming part of the land - Matter of fact and degree - Work on televisions and aerials.
J & B HOPKINS LTD v A & V BUILDING SOLUTIONS LTD
[2024] BLR Plus 3
Permission to appeal - Stay of execution - Consequential orders.
VAN ELLE LTD v KEYNVOR MORLIFT LTD
[2024] BLR Plus 4
Adjudication - Construction operations - Housing Grants, Construction and Regeneration Act 1996, sections 104 and 105 - Installation forming part of the land - Where England ends - Were works within England - Natural justice - Matters not addressed by adjudicator.
CHURCHILL v MERTHYR TYDFIL COUNTY BOROUGH COUNCIL, (THE LAW SOCIETY, THE BAR COUNCIL, THE CIVIL MEDIATION COUNCIL, THE CENTRE FOR EFFECTIVE DISPUTE RESOLUTION, THE CHARTERED INSTITUTE OF ARBITRATORS, HOUSING LAW PRACTITIONERS’ ASSOCIATION, THE SOCIAL HOUSING LAW ASSOCIATION, INTERVENERS)
[2024] BLR Plus 5
CPR 26.5 - Practice Direction on Pre-Action Conduct and Protocols - Whether a court can order parties to engage in ADR - The circumstances in which an order should be made.
MUNICÍPIO DE MARIANA AND OTHERS v BHP GROUP (UK) LTD AND ANOTHER
[2024] BLR Plus 6
Arbitration Act 1996, section 9 - Stay - Abuse of process.
GLOVER AND ANOTHER v FLUID STRUCTURAL ENGINEERS AND TECHNICAL DESIGNERS LTD
[2024] BLR Plus 7
Strike-out - Summary judgment - Structural engineer's scope of duty - Liability for costs in investigating claims as a result of alleged negligence - Liability to repay fees.
UNIVERSITY OF EXETER v ALLIANZ INSURANCE PLC
[2024] BLR Plus 8
Insurance - War exclusion - Unexploded World War II bomb - Damage occurring over 70 years later - Human intervention - Proximate cause - Dominant effective and efficient cause - Common sense - But for test - Passage of time - Concurrent causes.
LANCASHIRE SCHOOLS SPC PHASE 2 LTD (FORMERLY CATALYST EDUCATION (LANCASHIRE) PHASE 2 LTD) v LENDLEASE CONSTRUCTION (EUROPE) LTD (FORMERLY BOVIS LEND LEASE LTD) AND OTHERS
[2024] BLR Plus 9
Dispute resolution - Adjudication - Condition precedent to litigation.
ILUMINESIA LTD (T/A ALTEREGO FACADES) v RFL FACADES LTD
[2024] BLR Plus 10
Adjudication – Summary judgment – Offer and acceptance – Incorporation of standard terms – Whether contractual right to adjudicate – Validity of Notice of Adjudication – Deciding matters not referred – Natural justice – Approbation and reprobation.
BELLWAY HOMES LTD v SURGO CONSTRUCTION LTD
[2024] BLR Plus 11
Adjudication - Application to enforce adjudicator's decision.
CLS CIVIL ENGINEERING LTD v WJG EVANS AND SONS (A PARTNERSHIP)
[2024] BLR Plus 12
CPR Part 8 – Part 8 claim – Alleged disputed facts – Use of Part 8 proceedings – Real issue between the parties – Estoppel – Real prospect of success – Applying Part 24 test.
UNICREDIT BANK GMBH (A COMPANY INCORPORATED UNDER THE LAWS OF GERMANY) v RUSCHEMALLIANCE LLC (A COMPANY INCORPORATED UNDER THE LAWS OF THE RUSSIAN FEDERATION)
[2024] BLR Plus 13
Anti-suit injunction - On demand bonds - Bonds provided for English law and ICC arbitration in Paris - Proceedings started in Russia - Anti-suit injunction - Whether UK court had jurisdiction - Whether UK court was proper forum - CPR 6.37(3).
WOL (LONDON) LTD v CROYDON INVESTMENTS LTD AND OTHERS
[2024] BLR Plus 14
Striking out – CPR Part 3.4(2)(a) – Correct approach – Realistic prospect of success – Contractual interpretation – Relevance of collateral warranties – Defects and snagging.
TRIATHLON HOMES LLP v STRATFORD VILLAGE DEVELOPMENT PARTNERSHIP AND OTHERS
[2024] BLR Plus 15
Building Safety Act 2022 - Remedial Contribution Orders - Waking watch costs - Whether just and equitable.
IBM UK LTD v LZLABS GMBH AND OTHERS
[2024] BLR Plus 16
Evidence - Confidential information - Disclosure.
TOPALSSON GMBH v ROLLS ROYCE MOTOR CARS LTD
[2024] BLR Plus 17
Non-party costs orders - Disclosure of funding arrangements - Risk of breach of foreign civil or criminal law.
KING JOHN BARI-IYIEDUM BEREBON AND OTHERS v SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA
[2024] BLR Plus 18
Act of State doctrine - Striking out - Abuse of Process – Mandatory injunction - Lengthy stays of proceedings - Application to restore claim and lift latest stay - Summary judgment application by defendant.
TAYLOR v JONES AND ANOTHER TAYLOR v SPRIGGS
[2024] BLR Plus 19
Costs - CPR 44 - The winner on appeal - Principles.
BELLWAY HOMES LTD v SURGO CONSTRUCTION LTD
[2024] BLR Plus 20
Part 7 - Summary judgment to enforce decision of adjudicator - Whether contract adjudication scheme compliant with HGCRA - Whether adjudicator properly appointed - Jurisdiction challenge - Part 8 claim for declaration - Whether adjudicator wrong on point of law - Whether enforcement should be refused.
SOUTH EAST WATER LTD v ELSTER WATER METERING LTD
[2024] BLR Plus 21
Application by defendant to strike out claim - Application for summary judgment on its defence - Unfair Contract Terms Act - Terms of framework agreement
BATTERSEA PROJECT PHASE 2 DEVELOPMENT COMPANY LTD v QFS SCAFFOLDING LTD
[2024] BLR Plus 22
Adjudication - Part 8 proceedings - Enforcement of adjudicator's decision - Conclusive evidence - JCT contracts
AFFINITY WATER LTD v HIGH SPEED TWO (HS2) LTD
[2024] BLR Plus 23
Summary judgment application - Real and not fanciful prospects of success - Factual matrix in issue - Unsuitability for summary disposal
JALLA AND OTHERS v ROYAL DUTCH SHELL PLC AND OTHERS
[2024] BLR Plus 24
Costs - CPR 44 - Whether cost should be awarded on the indemnity basis - Whether a proportional costs order should be made - Payment on accounts of costs - Wasted cost order - Senior Courts Act 1981, section 51 - CPR 46.8 - Practice Direction 46 - Non party cost order - Application for disclosure against a non-party - CPR 31.17
PINEWOOD TECHNOLOGIES ASIA PACIFIC LTD v PINEWOOD TECHNOLOGIES PLC
[2024] BLR Plus 25
Non-compliance with court order – Extension of time for compliance with court order – Unless order.
MORGANSTONE LTD v BIRKEMP LTD
[2024] BLR Plus 26
Adjudication – Construction of contract terms – Payment terms schedule – Dates for pay less notices – Claim for declarations under CPR Part 8.
Adjudication – Natural justice – Erroneous view of jurisdiction taken by adjudicator – Failure by adjudicator to consider all defences – Failure to consider cross claims – Breach of natural justice and refusal to enforce decision under CPR Part 7.
TCLARKE CONTRACTING LTD v BELL BUILD LTD
[2024] BLR Plus 27
Part 8 and Part 7 proceedings - Adjudication decision - Review or appeal from adjudication decision - Factual disputes.
LLOYDS DEVELOPMENTS LTD (IN ADMINISTRATION) v ACCOR HOTELSERVICES UK LTD
[2024] BLR Plus 28
Civil procedure - Unless orders - Relief from sanctions - Extensions of time.
SHAYLOR GROUP LTD (IN ADMINISTRATION) v VALESCURE PROPERTY LTD (IN LIQUIDATION)
[2024] BLR Plus 30
Part 8 - Declaratory relief - Whether adjudicator wrong in calculating termination losses - When appropriate to exercise discretion to make declaration in absence of one party.