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CAVENDISH SQUARE HOLDING BV v TALAL EL MAKDESSI PARKINGEYE LTD v BEAVIS
[2016] BLR Plus 1
Penalties - Whether clauses consequential upon breaches of restrictive covenants were penalties - Whether enforceable
BLOOMBERG LP v SANDBERG (A FIRM) AND OTHERS
[2016] BLR Plus 2
Contracts - Limitation clauses - Whether limitation clause in contractor's warranty to tenant limits consultant engineer's contribution claim against contractor
RMP CONSTRUCTION SERVICES LTD v CHALCROFT LTD
[2016] BLR Plus 3
Adjudication - Jurisdiction - Formation of contract
PERSIMMON HOMES LTD AND OTHERS v OVE ARUP & PARTNERS LTD AND ANOTHER
[2016] BLR Plus 4
Contracts - Interpretation - General principles of contractual interpretation
MATTHEW HARDING (TRADING AS M J HARDING CONTRACTORS) v PAICE AND ANOTHER
[2016] BLR Plus 5
Adjudication - Adjudication - Valuation of contractor's account - Lack of Pay Less notice - Decision of adjudicator based on lack of notice - Whether valuation element of dispute capable of subsequent adjudication - Refusal by judge at first-instance to grant injunction preventing subsequent adjudication - Appeal against refusal - Whether subsequent adjudication permitted - Construction of paragraph 9(2) of Part I of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998 No 649)
WATTRET AND ANOTHER v THOMAS SANDS CONSULTING LTD
[2016] BLR Plus 6
Experts - Professional negligence - Conduct of arbitration by surveyors - Permission to call expert evidence - CPR 35.1 - Quantity surveyor expert - Permission granted subject to court controls
BROWN AND ANOTHER v COMPLETE BUILDINGS SOLUTIONS LTD
[2016] BLR Plus 7
Adjudication - Previous adjudication - Contractor's claim rejected on technical grounds - Same or substantially the same dispute - Test - New payment application - Second adjudication in contractor's favour - Different dispute
JOHN SISK & SON LTD v DURO FELGUERA UK LTD
[2016] BLR Plus 8
Adjudication - Enforcement - Predetermination - Delegation of decision-making role - Natural justice
LUKOIL MID-EAST LTD v BARCLAYS BANK PLC
[2016] BLR Plus 9
Contracts - Interpretation - Inconsistent terms - Surplusage
LARKFLEET LTD v ALLISON HOMES EASTERN LTD
[2016] BLR Plus 10
Preliminary issue - Procedure to be followed when preliminary issues are ordered - Meaning of additional clause inserted into a JCT Design and Build Standard Form Building Contract - Operation of NHBC Scheme - Whether claimantâs cause of action statute-barred
GARTELL & SON (A FIRM) v YEOVIL TOWN FOOTBALL & ATHLETIC CLUB LTD
[2016] BLR Plus 11
Total failure of consideration - Determination of what contractual performance should have been - Fact that work done not precluding total failure - Breaches so serious that employer had not received contractual performance - Supply of Goods and Services Act 1982, section 13 - Reasonable care and skill - VAT not recoverable on remedial work costs if employer VAT registered - Overtime costs need to be proved
COFELY LTD v ANTHONY BINGHAM AND KNOWLES LTD
[2016] BLR Plus 12
Arbitration - Bias - Apparent bias - Removal of arbitrator - Arbitration Act 1996, sections 24(1) and 73
THE NATIONAL HOUSING TRUST v YP SEATON & ASSOCIATES COMPANY LTD
[2016] BLR Plus 13
Arbitration - Jamaica - Award of compound interest - Arbitrator's power to do so - Jurisdiction - Misconduct - Arbitration Act of Jamaica
DELUXE ART & THEME LTD v BECK INTERIORS LTD
[2016] BLR Plus 14
Adjudication - Multiple disputes - Natural justice
WALTER LILLY & CO LTD v CLIN
[2016] BLR Plus 15
JCT Contract with Quantities (2005 Rev 2) Designed Portion - Demolitions required - Planning consents - Obligations to secure consents - Risk of consents not obtained - Employer's area of responsibility - Implied terms to secure planning consents - Scope of implied terms - No absolute obligation implied - Contractor's implied duty to cooperate
SOUTH LANARKSHIRE COUNCIL v COFACE SA
[2016] BLR Plus 16
On-Demand Bonds - Interpretation - Whether bond contains two-stage notice procedure
RMC BUILDING & CIVIL ENGINEERING LTD v UK CONSTRUCTION LTD
[2016] BLR Plus 17
Adjudication - Nomination of Adjudicator - Dispute - Jurisdiction of the Adjudicator - The Scheme - Paragraph 2(4) of Part II
JAWABY PROPERTY INVESTMENT LTD v THE INTERIORS GROUP LTD AND ANOTHER
[2016] BLR Plus 18
Adjudication - Validity of Interim Application - Validity of Pay Less Notice - Electronic service - Compliance with contractual requirements - Waiver - Estoppel - Authority of Employer's Agent
MUTUAL ENERGY LTD v STARR UNDERWRITING AGENTS LTD AND ANOTHER
[2016] BLR Plus 19
Insurance contracts - Interpretation - Meaning of "deliberate non-disclosure"
SOLAR CENTURY HOLDINGS LTD AND OTHERS v SECRETARY OF STATE FOR ENERGY AND CLIMATE CHANGE
[2016] BLR Plus 21
Judicial Review - Whether participants in solar farms had a legitimate expectation that the statutory scheme would not be closed early - Statutory interpretation - Whether the Secretary of State's decision was unfair in a public law sense
JOHN SISK & SON LTD v CARMEL BUILDING SERVICES LTD (IN ADMINISTRATION)
[2016] BLR Plus 22
Arbitration award - Appeal on law - Court's approach - Award read in context and in commercial way - Burden of proof - Evidential burdens - Global and total costs claims - Difficulties in proof - Interest - Late Payment of Commercial Debts (Interest) Act 1998
CARILLION CONSTRUCTION LTD v WOODS BAGOT EUROPE LTD AND OTHERS
[2016] BLR Plus 23
Preliminary issue - Contract terms - Delay provisions - Extention of time - Effect on completion date
SOUTH ESSEX PARTNERSHIP UNIVERSITY NHS FOUNDATION v LAINDON HOLDING LTD
[2016] BLR Plus 24
Landlord and tenant - Dilapidations - Date at which damages to be assessed - Trial or earlier
TRANSOCEAN DRILLING UK LTD v PROVIDENCE RESOURCES PLC
[2016] BLR Plus 25
Contracts - Exclusion and limitation of liability clauses - Knock-for-knock provisions - Consequential loss - Interpretation - Contra proferentem - Eiusdem generis - Whether exclusion clause deprives obligations of content - Set-off clauses
STELLITE CONSTRUCTION LTD v VASCROFT CONTRACTORS LTD
[2016] BLR Plus 26
Adjudication - Breach of natural justice - Claim for liquidated damages - Decision that time was at large - Whether breach of natural justice
COD HYDE LTD v SPACE CHANGE MANAGEMENT LTD
[2016] BLR Plus 27
Statutory demand - Injunction to restrain presentation of winding-up petition - JCT Design and Build Contract 2011
J MURPHY & SONS LTD v BECKTON ENERGY LTD
[2016] BLR Plus 28
Contracts - FIDIC Yellow Book - Employer's claims - Liquidated damages - Whether right to payment in absence of Engineer's determination
LUNGOWE AND OTHERS v VEDANTA RESOURCES PLC AND ANOTHER
[2016] BLR Plus 29
Forum Conveniens - Whether claims for personal injury by Zambian nationals should be heard in England - Whether the claim against an English company served in jurisdiction was a device to enable foreign company to be sued in England - Principles applicable to staying or setting aside claim
HALSBURY HOMES LTD v ADAM ARCHITECTURE LTD
[2016] BLR Plus 30
Adjudication - RIBA Standard Architects Conditions - Termination of engagement - Payment of fees after termination - Need for Pay Less Notices after termination - Costs and fees - Successful party - Fees of adjudicator recoverable by winning party in adjudication - Such fees reimbursable under clause 5.20
J MURPHY & SONS LTD v W MAHER AND SONS LTD
[2016] BLR Plus 31
Adjudication - Jurisdiction - Alleged full and final settlement agreement - Whether dispute about this arises under the subcontract
COYNE v MORGAN AND ANOTHER
[2016] BLR Plus 32
Expert evidence - Imposition of conditions upon changing expert - Disclosure of draft report - "Expert shopping"
HASTINGS BOROUGH COUNCIL v MANOLETE PARTNERS PLC
[2016] BLR Plus 33
Dangerous structures - Building Act 1984 - Closure of structure under emergency powers under Act - Compensation payable under Act - Meaning of "default" in Act - Whether compensation payable
TURVILL v BIRD AND OTHERS
[2016] BLR Plus 34
Costs - Non-party costs orders - Senior Courts Act 1981, section 51(3) - Exercise of discretion - Insolvent defendant company - No prospect of paying costs - Order against controlling shareholder - Dissipation of insurance proceeds - Deprivation of claim under Third Parties (Rights Against Insurers) Act 1930 - Misleading the court - Serious impropriety - To what extent necessary to prove causation of loss
GROUND DEVELOPMENTS LTD v FCC CONSTRUCCION SA AND OTHERS
[2016] BLR Plus 35
Adjudication - Jurisdiction - Formation of contract - Natural justice - Summary judgment
T v C
[2016] BLR Plus 36
Arbitration - Hong Kong - Enforcement of foreign arbitral award - Public policy - Allegation of forged documents and fraud - Need for evidence - Determination by foreign supervisory court - Arbitration Ordinance Cap 341, section 44(3)
MASCAREIGNES STERLING CO LTD v CHANG CHENG ESQUARES CO LTD
[2016] BLR Plus 37
JCT Standard Form 1980 with design - Lump sum contract - Variations - Measure and value approach to valuation - Arbitration - Right of appeal - Public order under Mauritian Law - Absence of one day's transcript
HOWMET LTD v ECONOMY DEVICES LTD AND OTHERS
[2016] BLR Plus 38
Negligence - Product liability - Property damage - Causation - Knowledge of defect - Break in chain of causation
ALLEN TOD ARCHITECTURE LTD (IN LIQUIDATION) v CAPITA PROPERTY AND INFRASTRUCTURE LTD (PREVIOUSLY KNOWN AS CAPITA SYMONS LTD)
[2016] BLR Plus 39
Expert evidence - Imposition of conditions upon changing expert - "Expert shopping"
PAICE AND ANOTHER v MATTHEW J HARDING (TRADING AS M J HARDING CONTRACTORS)
[2016] BLR Plus 40
Adjudication - Enforcement - Alleged lateness of decision - Alleged apparent bias - Part of decision said to be reached outside jurisdiction of adjudicator - Severance
ZVI CONSTRUCTION CO LLC v THE UNIVERSITY OF NOTRE DAME (USA) IN ENGLAND
[2016] BLR Plus 41
Expert determination - Jurisdiction - Submission to jurisdiction
TRONIC INTERNATIONAL PTE LTD (SINGAPORE) v TOPCO SCIENTIFIC CO LTD (TAIWAN) AND OTHERS
[2016] BLR Plus 42
ICC arbitration - Arbitration Ordinance - UNCITRAL Model Law on Commercial Arbitration - Article 34(2)(a) - Application to set aside final award - Procedural unfairness - Applications to arbitral tribunal for inspection and for stay of proceedings - ICC Terms of Reference - Tribunal raising with parties new point not previously raised - Damages based on new point raised
ENERGY SOLUTIONS EU LTD v NUCLEAR DECOMMISSIONING AUTHORITY
[2016] BLR Plus 43
Public procurement - Public Contract Regulations 2006 (SI 2006 No 5) - Regulation 4(3) - Equal treatment - Transparency - Regulations 18, 30 and 32 - Manifest error - Need to establish right tender score after manifest errors established - Margin of appreciation - Changing the decision-making procedure part way through process - Agreement to pay witnesses success fee - Lawfulness - Weight to give to such evidence
BEUMER GROUP UK LTD v VINCI CONSTRUCTION UK LTD
[2016] BLR Plus 44
Adjudication - Enforcement - Natural justice - Adjudicator's failure to disclose involvement in separate adjudication involving same party and same subject matter - Inconsistent factual cases in separate adjudications - Impartiality - Disclosure of documents from separate adjudication - Denial of opportunity to advance case - Materiality of breach
AMEY WYE VALLEY LTD v THE COUNTY OF HEREFORDSHIRE DISTRICT COUNCIL
[2016] BLR Plus 45
Adjudication - Enforcement - Multiple adjudications - Final determination of dispute