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ALDI STORES LTD v (1) WSP GROUP PLC (2) WSP LONDON LTD (3) ASPINWALL & CO LTD

[2008] BLR 1

Civil Procedure Rules - CPR Part 3.4(2)(b) - Striking out - Abuse of process - Complex proceedings - Second action against different defendants - Defendants involved in earlier claim as Part 20 defendants - Judgment in first action for claimant to be satisfied by insurers - Policy avoided - Whether subsequent action abuse of process - Whether action should be struck out.

PC HARRINGTON CONTRACTORS LTD v MULTIPLEX CONSTRUCTIONS (UK) LTD

[2008] BLR 16

Housing Grants Construction and Regeneration Act 1996, Part II - Sections 109 to 113 - Entitlement to stage payments. Interim payment - Interpretation of interim payment clause - Purpose of interim payment clause is to provide cash flow.

TREASURE & SON LTD v DAWES

[2008] BLR 24

Adjudication - Application for summary judgment under CPR Part 24 - Contractual adjudication - Written contract - Oral variation of written contract - Whether award binding. Adjudication - Award - Failure to sign award by adjudicator - Covering letter signed by him - Whether award valid. Adjudication - Summary judgment - Application for stay - Financial condition of payee under award - Whether ability to repay if ordered to do so in question - Whether stay should be granted.

THE REPUBLIC OF KAZAKHSTAN v ISTIL GROUP INC

[2008] BLR 37

Arbitration - Injunction restraining arbitration from proceeding - Scope of previous decision of court on jurisdiction of arbitrators.

ROYAL INSURANCE (UK) LTD v AMEC CONSTRUCTION SCOTLAND LTD

[2008] BLR 53

Title to sue - Collateral warranties to tenant - Company reorganisation - Transfer of business to group company - Tenant remaining as tenant - Business done by others in group - Tenant as bare trustee - Title or interest in action - Amendment to cure formal deficiency.

TAYLOR WALTON v DAVID ERIC LAING

[2008] BLR 65

Abuse of process - Second action against different defendants - Judgment in first action against respondent with findings of fact by trial judge - Failure to appeal that judgment by respondent - Whether subsequent action by respondent abuse of process - Challenge in subsequent action to findings of fact in first action - Whether second action attempt to relitigate subject matter of first action - Whether second action brought administration of justice into disrepute - Whether action should be struck out.

AMBER CONSTRUCTION SERVICES LTD v LONDON INTERSPACE HG LTD

[2008] BLR 74

Costs - CPR Part 45.1 and 45.3 - Fixed costs - Discretion of court.

STERIA LTD v SIGMA WIRELESS COMMUNICATIONS LTD

[2008] BLR 79

Delay - Extension of time provision - What notification required - Whether notification condition precedent - Whether time at large where failure to comply with notification provision. Liquidated damages - Whether clause for liquidated damages a penalty clause - Whether clause uncertain. Delay - Concurrent delay - What subcontractor had to establish in order to obtain extension of time.

JOHN F HUNT DEMOLITION LTD v ASME ENGINEERING LTD

[2008] BLR 115

Duties of care - Insurance provisions - Main, sub and sub-subcontracts - JCT Main Contract with Contractor’s Design 1998 Edition - JCT Domestic Sub-Contract DOM/2 1981 Edition - Fire assumed caused by negligence of sub-subcontractor - Contractual and subcontractual scheme for Joint Insurance for fire risk - No duty of care by contractor and subcontractor to employer - Settlement by subcontractor with main contractor and employer - Whether reasonable settlement if subcontractor not liable - Time at which reasonableness judged - If unreasonable hypothetical exercise not allowable.

HARRIS CALNAN CONSTRUCTION CO LTD v RIDGEWOOD (KENSINGTON) LTD

[2008] BLR 132

Adjudicator’s decision - Enforcement - Contract in writing - Letter of intent - Service of claim form on company based in Jersey - CPR 6.19(1A)(b) - Failure to obtain court’s permission for service overseas - Failure to state on the claim form the grounds for entitlement to serve out of jurisdiction - Indemnity costs.

PERRIN AND ANOTHER v NORTHAMPTON BOROUGH COUNCIL

[2008] BLR 137

Nuisance - Tree roots - Tree Preservation order - Town and Country Planning Act 1990 - Section 198(6)(b) - Prevention or abatement of nuisance - Works necessary to prevent or abate nuisance - Meaning of word “necessary” in statute.

BIFFA WASTE SERVICES LTD v MASCHINENFABRIK ERNST HESE GMBH

[2008] BLR 155

Contract - Liquidated damages - Delay caused by fire - Whether liquidated damages exhaustive remedy. Tort - Duty of care - Concurrent duties owed to contracting party - Duties owed to non-contracting party - Whether liquidated damages limitation clause - Whether liquidated damages exhaustive remedy to non-contracting party for consequential loss. Double recovery or risk of double recovery - Whether action by non-contracting party should be stayed. Vicarious liability - Acts and control over work and how work be done - Whether party had vicarious liability. Independent contractors - Extra-hazardous work - Whether welding operations extra-hazardous.

LEDWOOD MECHANICAL ENGINEERING LTD v (1) WHESSOE OIL AND GAS LTD (2) VOLKER STEVIN CONSTRUCTION EUROPE BV

[2008] BLR 198

Risk/reward provisions - Adjudication - Meaning of Decision - Ability to set off - Costs.

FUNNELL AND ANOTHER v ADAMS AND REMER (A PARTNERSHIP)

[2008] BLR 206

Damages - Professional negligence - Claim for wasted expenditure - Whether claimants had to establish that they would not have incurred costs of extrication from predicament even if defendant had not been negligent.

REINWOOD LTD v L BROWN & SONS LTD

[2008] BLR 219

JCT Standard Form of Building Contract 1998 Edition Private with Quantities - Certificate of Non-Completion - Clause 24.1 - Interim payment - Clause 30.1.1.1. Withholding notice - Clause 30.1.1.4 - Extension of time - Clause 25. JCT Standard Form of Building Contract 1998 Edition Private with Quantities - Housing Grants, Construction and Regeneration Act 1996 - section 111.

HARRIS SPRINGS LTD v HOWES

[2008] BLR 229

Limitation - Latent damage - Section 14A Limitation Act 1980 - Actual knowledge - Degree of certainty of knowledge required under section 14A(5) - Constructive knowledge.

THE GOVERNING BODY OF CHARTERHOUSE SCHOOL v HANNAFORD UPRIGHT

[2008] BLR 239

CPR Part 14.1(5) - Discretion of court to allow party to amend or withdraw an admission - Matters to be taken into account - Consideration of application to withdraw admission in respect of factual allegations - Consideration of application to withdraw admission in respect of construction of contract. CPR Part 17 - Requirement for court to have regard for overriding objective in considering applications for permission to amend.

CANTILLON LTD v URVASCO LTD

[2008] BLR 250

Adjudication - Breach of rules of natural justice - Whether decision severable.

CITY INN LTD v SHEPHERD CONSTRUCTION LTD

[2008] BLR 269

Concurrent delay - Extension of time - Fair and reasonable extension - How to assess - Apportionment between Relevant and other Events - Apportionment similar to contributory negligence or contribution exercise - Standard JCT Building Contract Private Edition with Quantities (1980) - Late instructions - Contractor’s programme relevant in determining reasonable time - Current contractual completion date relevant.

TYCO FIRE & INTEGRATED SOLUTIONS (UK) LTD v ROLLS-ROYCE MOTOR CARS LTD

[2008] BLR 285

Insurance - Joint names - Specified Perils - Flood bursting or overflowing of water tanks apparatus and pipes - Negligence of contractor - Indemnity clause against contractor’s negligence - Read terms together.

MIRANT ASIA-PACIFIC CONSTRUCTION (HONG KONG) LTD AND ANOTHER v OVE ARUP & PARTNERS INTERNATIONAL LTD AND ANOTHER (No 3)

[2008] BLR 304

Procedure - Security for costs - Return of money paid into court as security - Material change of circumstances - Reorganisation of corporate structure and improvement of financial position of parent companies - First claimant successful on liability - Payment into court by defendants and subsequent increases in sums paid in - CPR 25.13.

LOBSTER GROUP LTD v (1) HEIDELBERG GRAPHIC EQUIPMENT LTD (2) CLOSE ASSET FINANCE LTD

[2008] BLR 314

CPR Part 25 - Security for costs - Amount of security to be ordered - Extent to which pre-action costs of mediation to be taken into account. Companies Act 1985, section 726(1) - Security for costs.

BRAES OF DOUNE WIND FARM (SCOTLAND) LTD v ALFRED MCALPINE BUSINESS SERVICES LTD

[2008] BLR 321

Arbitration - Seat of arbitration - Contractual terms - “Exclusive jurisdiction” - Contract stating seat of arbitration to be in Scotland - Jurisdiction of court - Whether court had jurisdiction to hear application under section 69 Arbitration Act 1996. Arbitration - Section 69(3) Arbitration Act 1996 - Whether award “obviously wrong” - Whether involved question of public importance - Whether leave to appeal should be given.

(1) CUMBRIA WASTE MANAGEMENT LTD (2) LAKELAND WASTE MANAGEMENT LTD v BAINES WILSON (A FIRM)

[2008] BLR 330

Disclosure - Mediation - Documents produced as part of mediation process - Right of party to assert privilege to prevent disclosure - Right of party to rely on confidentiality agreement.

SEELE AUSTRIA GMBH & CO KG v TOKIO MARINE EUROPE INSURANCE LTD

[2008] BLR 337

Insurance - Contractors’ All Risks - Works insurance - Exclusion for rectification of culpable defects - Intentional damage to effect repairs - Free standing indemnity - Excess - Definition of event.

CUBITT BUILDING & INTERIORS LTD v RICHARDSON ROOFING (INDUSTRIAL) LTD

[2008] BLR 354

Battle of the forms - Letter of intent - Incorporation of terms and conditions - Offer and acceptance - Adjudication - Right to a stay - Timetable for action.

L BROWN & SONS LTD v CROSBY HOMES (NORTH WEST) LTD

[2008] BLR 366

Arbitration - Arbitration Act 1996 - Section 68(2)(g) - CPR Rule 62.9 - Application to extend time for service of application - Whether time should be extended - Priniciples upon which time may be extended - Strength of substantive application.

TAYLOR WOODROW CONSTRUCTION v RMD KWIKFORM LTD

[2008] BLR 383

Arbitration - Date at which arbitral proceedings commence - Section 14 Arbitration Act 1996 - Whether arbitration clause can constitute an agreement as to commencement of proceedings under section 14(1) Arbitration Act 1996 - Sufficiency of notice of referral to arbitration for purposes of sections 14(1) or 14(4) Arbitration Act 1996 - Whether appointment of arbitrator valid. Limitation - Arbitrator invalidly appointed - Failure to commence arbitration proceedings timeously.

MASRI v (1) CONSOLIDATED CONTRACTORS INTERNATIONAL COMPANY SAL (2) CONSOLIDATED CONTRACTORS (OIL & GAS) COMPANY SAL

[2008] BLR 391

Anti-suit injunction - Jurisdiction - Whether anti-suit injunction constituted new claim with separate jurisdictional requirements - Whether incidental to other proceedings. Anti-suit injunction - Jurisdiction - Alternative forum case. Anti-suit injunction - Discretion - International comity - Whether protection of English judgment sufficient or proper ground for exercise of discretion.

THE CLAIMANTS APPEARING ON THE REGISTER OF THE CORBY GROUP LITIGATION v CORBY BOROUGH COUNCIL

[2008] BLR 411

Public nuisance - Recoverability of damages for personal injury.

ALAN AULD ASSOCIATES LTD v RICK POLLARD ASSOCIATES AND ANOTHER

[2008] BLR 419

Consultancy services - Late payment of fees - Repudiatory conduct.

CREST NICHOLSON (EASTERN) LTD v MR AND MRS WESTERN

[2008] BLR 426

NHBC - New dwellings insurance - Contractual interpretation - Incorporation of standard form document into contract. Arbitration - Whether arbitration agreement - Jurisdiction - Power to make costs award in respect of arbitration.

OWEN PELL LTD v BINDI (LONDON) LTD

[2008] BLR 436

Expert determination - Agreement to appoint independent expert - Implied term that natural justice will be observed - Existence of implied term. Expert determination - Bias - Actual or apparent bias - Alleged failure to deal with defendant’s case fairly or consider submissions - Whether actual or apparent bias - Whether fair minded observer would conclude there was a real possibility that expert was biased.

BIRMINGHAM DEVELOPMENT COMPANY LTD v TYLER

[2008] BLR 445

Nuisance - Whether necessary to establish actual danger or sufficient to show reasonable perception of danger.

NEATH PORT TALBOT COUNTY BOROUGH COUNCIL v CURRIE & BROWN PROJECT MANAGEMENT LTD CURRIE & BROWN CONSULTING LTD

[2008] BLR 464

CPR Part 30 - Transfer of proceedings from District Registry to Royal Courts of Justice - Technology and Construction Court - Practice - Technology and Construction Court Guide (2nd Edition) - Transfer of proceedings to London Technology and Construction Court from District Registry - Appropriate Court to hear transfer application. Technology and Construction Court - Practice - Technology and Construction Court Guide (2nd Edition) - Classification of cases as suitable for High Court judge - Appropriate court to decide assignment of case to High Court judge.

MAKERS UK LTD v THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF CAMDEN

[2008] BLR 470

Adjudication - Apparent bias - Appointment of an adjudicator - Appointing institutions - Enforcement of adjudicator’s decision - Implied terms - Representations as to the identity of the adjudicator.

ANM GROUP LTD v GILCOMSTON NORTH LTD

[2008] BLR 481

Prescription - Prescription and Limitation (Scotland) Act 1973 sections 6 and 11 - Temporary disconformity - Delict - Breach of duty timing - Date when damage or loss occurred - Date when pursuer was or could reasonably have been aware of actionable loss or damage.

MR A ONIGBANJO v (1) MR MARK PEARSON (2) MRS MARK PEARSON Claim No 8EC02471

[2008] BLR 507

Party Wall - Party Wall etc Act 1996 - No counter notice under section 4 - Section 10 procedure utilised - Whether jurisdiction upon surveyors to make award - Whether dispute under Act. Party Wall - Party Wall award - Award of costs including legal and professional fees - Whether jurisdiction to award such costs.

EMMOTT v MICHAEL WILSON & PARTNERS LTD

[2008] BLR 515

Arbitration - Confidentiality - Disclosure of documents generated for the purpose of arbitration - Disclose to parties in foreign proceedings - Exception where the interests of justice required disclosure - Jurisdiction of the court to hear application - Whether appeal academic.

(1) ANDREW BRADFORD (2) CHERYL BRADFORD v KEITH JAMES

[2008] BLR 538

Conveyances - Clarity of plan annexed thereto - Conveyance describing land as “more particularly delineated” on plan - Plan unclear in respect of boundary - Extrinsic evidence - Whether admissible.

CJP BUILDERS LTD v WILLIAM VERRY LTD

[2008] BLR 545

Adjudication - Natural justice - Extension of time for service of Response - Construction of contract - Jurisdiction - Waiver - Interim payment - Amount due - Withholding notice.

YEW SANG HONG LTD v HONG KONG HOUSING AUTHORITY

[2008] BLR 563

Restitution - Unjust enrichment - Trust - Implied contract - Nominated sub-contractor - Main contractor insolvent - Monies due to sub-contractor - Retention money.

DESIGN SERVICES LTD v CANADA

[2008] BLR 571

Tort - Negligence - Pure economic loss - Whether duty of care on employer not to cause loss to proposed subcontractors when proposed main contractor’s tender wrongly rejected. Tort - Anns v Merton London Borough Council - Test for establishing new duty of care - Whether new duty of care should be established to protect interests of proposed subcontractors when proposed main contractor’s tender wrongly rejected.

MATTHEW LUMBERS AND ANOTHER v W COOK BUILDERS PARTY LTD (IN LIQUIDATION)

[2008] BLR 581

Restitution - Unjust enrichment - Quantum meruit - Subcontractor’s claim against employer - Sub and main contractors associated - No request by employer to subcontractor - Employer’s benefit - No claim from main contractor against employer - Sum due from employer to main contractor - Unconscionable for employer to retain benefit.

MCLAUGHLIN AND HARVEY LTD v DEPARTMENT OF FINANCE AND PERSONNEL

[2008] BLR 603

European Directive 2004/18/EC - Procurement by Public Bodies - Procurement of Framework Agreement for Public Works contracts. Regulation 47(8) Public Contracts Regulations - Procurement of Framework Agreement for Public Works contracts. Interlocutory Injunction - Balance of convenience - Whether balance of convenience favoured delay to completion of Framework Agreement for Public Works contracts.

MYLCRIST BUILDERS LTD v MRS G BUCK

[2008] BLR 611

Arbitration - Appointment of arbitrator - Unilateral appointment - Arbitration term in standard terms and conditions - Whether properly appointed - Whether arbitrator had jurisdiction to determine dispute and make award. Arbitration - Standard terms and conditions - Arbitration clause - Unfair Terms in Consumer Contracts Regulations 1999 - Whether arbitration clause unfair.

BIRMINGHAM CITY COUNCIL v PADDISON CONSTRUCTION LTD

[2008] BLR 622

Adjudication - Decision of Adjudicator failing to award sum for loss and expense - Whether decision made on loss and expense. Second adjudication - Claimant again seeking loss and expense - Whether same dispute as that referred to first Adjudicator - Whether second adjudication could proceed. Declaratory relief - Whether second Adjudicator had jurisdiction to proceed - Whether any award in second adjudication would be enforceable.

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