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OCEANBULK SHIPPING & TRADING SA v TMT ASIA LTD AND OTHERS

[2011] BLR 1

Without prejudice negotiations — Settlement Agreement — Whether party entitled to rely upon without prejudice communications.

STAR ENERGY WEALD BASIN LTD AND ANOTHER v BOCARDO SA

[2011] BLR 13

Trespass — Licence granted to search and bore for petroleum — Ownership of strata below surface — No common law defence — No licence to trespass — Damages — Compensation by reference to cost of securing wayleave — Section 8(2) Mines (Working Facilities and Support) Act 1966.

STRAW REALISATIONS (NO 1) LTD (FORMERLY KNOWN AS HAYMILLS (CONTRACTORS) LTD (IN ADMINISTRATION)) v SHAFTSBURY HOUSE (DEVELOPMENTS) LTD

[2011] BLR 47

Adjudication — Insolvency — Administration — Set-off — Summary judgment.

BEWLEY HOMES PLC v CNM ESTATES (SURBITON) LTD

[2011] BLR 67

Settlement agreement — Adjudication award — Construction of settlement agreement.

KAYE v LAWRENCE

[2011] BLR 77

Party Wall etc Act 1996, section 12(1) — Notice of security for expenses by adjoining owner — Whether security for expenses can be required where work to be carried out entirely on building owner’s premises.

VALENTINE v TRANSPORT FOR LONDON AND ANOTHER

[2011] BLR 89

Highways Act 1980 — Section 41 — Duty to maintain by highway authority — Extent of obligation.

COMPANIA SUD AMERICANA DE VAPORES SA v SINOCHEM TIANJIN LTD (FORMERLY SINOCHEM TIANJIN IMPORT AND EXPORT CORP) (THE “ACONCAGUA”)

[2011] BLR 101

Causation — Two possible causes — Elimination of one cause not sufficient to establish other cause — Need for further evidence.

LINKLATERS BUSINESS SERVICES v SIR ROBERT MCALPINE LTD AND OTHERS

[2011] BLR 108

Contract — Damages — Reasonableness of remedial scheme.

GIBRALTAR RESIDENTIAL PROPERTIES LTD v GIBRALCON 2004 SA

[2011] BLR 126

Adjudication award — Exclusive jurisdiction clause — Proceedings in England seeking stay — Jurisdiction and Judgments Regulation 44/2001.

WILLIAM MCILROY SWINDON LTD AND ANOTHER v QUINN INSURANCE LTD

[2011] BLR 136

Third Parties (Rights Against Insurers) Act 1930 — Requirement to commence arbitration within agreed period after claim under policy disputed — Failure of insured to give notification of dispute within time required by policy — Whether notification clause was unusual or onerous — Meaning of legal claim for purposes of time for notification.

MEARS LTD v LEEDS CITY COUNCIL

[2011] BLR 155

Procurement — Public Contracts Regulations, regulation 47 — Time limit for commencement of proceedings — Date of relevant knowledge of claim.

EXEL EUROPE LTD v UNIVERSITY HOSPITALS COVENTRY AND WARWICKSHIRE NHS TRUST

[2011] BLR 167

Procurement — Public Contracts Regulations 2006, regulation 47G(1) — Whether defendant to be entitled to enter into contract — Principles to be applied — Whether serious issue to be tried — Whether damages adequate remedy.

REDWING CONSTRUCTION LTD v WISHART

[2011] BLR 186

Adjudication — Costs — After the Event Insurance — Conditional Fee Agreements.

DAWES v TREASURE AND SON LTD

[2011] BLR 194

Arbitration — Arbitrator — Whether arbitrator functus officio on conclusion of settlement agreement.

ROBINSON v PE JONES (CONTRACTORS) LTD

[2011] BLR 206

House purchase - NHBC Contract - Concurrent duty of care in tort - Impact of contract terms on duty - Assumption of responsibility - Exclusion of liability in tort - Unfair Contract Terms Act 1977 - Reasonableness.

ROLF v DE GUERIN

[2011] BLR 221

Costs — CPR Part 36 — Claimant’s offer to mediate — Claimant’s offer to settle — Rejection of offer.

THE HALO TRUST v SECRETARY OF STATE FOR INTERNATIONAL DEVELOPMENT

[2011] BLR 229

Public Contracts Regulations 2006 — Procurement — Restraint of award of public contract — Application of American Cyanamid principles — Whether Government strategy for funding of demining capable of challenge pursuant to Public Contracts Regulations.

AES-3C MARITZA EAST 1 EOOD v CRÉDIT AGRICOLE CORPORATE AND INVESTMENT BANK (FORMERLY CALYON CORPORATE AND INVESTMENT BANK) AND ANOTHER

[2011] BLR 249

Bonds — On demand — Two demands — Requirements for supporting documents for demands — Correlation between demand and supporting documents — Foreign court injunction against bank — Fraud — Honest but mistaken belief.

CN ASSOCIATES (A FIRM) v HOLBETON LTD

[2011] BLR 261

Adjudication — Jurisdiction — Reservation of position — Whether jurisdiction conferred on adjudicator to decide his own jurisdiction — Whether construction contract in writing between parties.

DE BEERS UK LTD (FORMERLY THE DIAMOND TRADING CO LTD) v ATOS ORIGIN IT SERVICES UK LTD

[2011] BLR 274

Contract — Damages — Delay.

JONES v KANEY

[2011] BLR 283

Expert evidence — Experts — Immunity — Abolition of immunity — Duty to court — Duty to client.

MERITZ FIRE AND MARINE INSURANCE CO LTD v JAN DE NUL NV AND ANOTHER

[2011] BLR 320

Bonds — Guarantees — Contractual interpretation.

SIMON CARVES LTD v ENSUS UK LTD

[2011] BLR 340

On-Demand Bond — Injunction restraining call — Test for the granting of an injunction — Whether fraud required.

CROWN ALUMINIUM LTD v NORTHERN & WESTERN INSURANCE COMPANY LTD AND ANOTHER

[2011] BLR 355

Practice and procedure — Claim against two defendants — First defendant debarred from defending — Whether second defendant entitled to summary judgment — Judgment in default — Scope of CPR 12.8(2).

WOODLANDS OAK LTD v CONWELL AND ANOTHER

[2011] BLR 365

Bias — Early indications by judge — Defects — Mitigation — Opportunity to contractor to put right — Existence or not of defects liability clause — Cost plus contract.

EAGLE v REDLIME LTD

[2011] BLR 373

Limitation — Limitation Act 1980, section 14A — When claimant had knowledge required for bringing action for damages in respect of relevant damage.

ADYARD ABU DHABI v SD MARINE SERVICES

[2011] BLR 384

Contract — Shipbuilding — Rescission — Delayed performance.

DURHAM COUNTY COUNCIL v JEREMY KENDALL (t/a HLB ARCHITECTS)

[2011] BLR 425

Housing Grants, Construction and Regeneration Act 1996, section 107 — Adjudication — Whether contract written or evidenced in writing — Disputes under more than one contract — Waiver of jurisdictional challenges not taken before adjudicator.

LANES GROUP PLC v GALLIFORD TRY INFRASTRUCTURE LTD

[2011] BLR 438

Adjudication — Breach of adjudication agreement — Repudiation of adjudication agreement — Bias.

SCULLION v BANK OF SCOTLAND PLC (t/a COLLEYS)

[2011] BLR 449

Valuation — Negligence — Duty of care — Foreseeability — Proximity — Fairness justice and reasonableness — Buy-to-let property — Different considerations applicable.

CONARKEN GROUP LTD AND FARRELL TRANSPORT LTD v NETWORK RAIL INFRASTRUCTURE LTD

[2011] BLR 462

Negligence — Economic loss — Recoverability of economic loss consequential upon physical damage.

MOUCHEL LTD v VAN OORD (UK) LTD (NO 2)

[2011] BLR 492

Costs — Contribution proceedings — Civil Liability (Contribution) Act 1978.

CARILLION JM LTD v PHI GROUP LTD (ROBERT WEST CONSULTING LTD, THIRD PARTY) CARILLION JM LTD v ROBERT WEST CONSULTING LTD

[2011] BLR 504

Costs — Part 36 — Discretion.

TINSELTIME LTD v ROBERTS AND OTHERS

[2011] BLR 515

Tort — Nuisance — Negligence — General rule employer of independent contractor not responsible for independent contractor’s torts — Exception of Exceptionally Dangerous Activities — Exception of work to dividing structures.

MERITZ FIRE & MARINE INSURANCE CO LTD v JAN DE NUL NV AND ANOTHER

[2011] BLR 535

Bonds — Advance Payment Guarantee — On-demand — ICC Uniform Rules for Command Guarantee — Terms for demand — Literal construction.

COSTELLO AND ANOTHER v MACDONALD AND OTHERS

[2011] BLR 544

Unjust enrichment — Not arising inexistence where relevant contractual arrangements between the parties.

LANES GROUP PLC v GALLIFORD TRY INFRASTRUCTURE LTD

[2011] BLR 553

Adjudication — Award — No jurisdiction — Commencement of new adjudication before different adjudicator — Whether subsequent adjudicator had jurisdiction — Whether summary judgment should be granted.

BROSTER AND OTHERS v GALLIARD DOCKLANDS LTD AND OTHERS

[2011] BLR 569

Claim for physical property damage — No cause of action for property damage for defects in property — Complex structure theory.

WILLIAM MCILROY (SWINDON) LTD AND OTHERS v QUINN INSURANCE LTD

[2011] BLR 579

Insurance — Public liability — Time-bar provision — Whether “dispute on liability in respect of claim or amount to be paid” before existence and amount of liability to third parties established.

LOWE AND ANOTHER v W MACHELL JOINERY LTD

[2011] BLR 591

Sale of Goods — Rejection of goods — Statutory implied terms — Sale of Goods Act 1979, section 14 — Finding by trial judge of breach of contract.

BARCLAYS BANK PLC v NYLON CAPITAL LLP

[2011] BLR 614

Expert determination — Mandate or jurisdiction of expert — Determination by court of expert’s jurisdiction — Before or after expert determination — Arbitration not comparable — Settlement before handing down of judgments — Court’s discretion to hand down.

HI-LITE ELECTRICAL LTD v WOLSELEY UK LTD (DAB PUMPS SPA, THIRD PARTY)

[2011] BLR 629

Causation — Novus actus interveniens — Remoteness — Apportionment.

JERRAM FALKUS CONSTRUCTION LTD v FENICE INVESTMENTS INC (NO 4)

[2011] BLR 644

JCT Design and Build 2005 — Final account claim — Adjudicator’s decision — Whether challenged in sufficient time — Whether conclusive.

TREBOR BASSETT HOLDINGS LTD AND ANOTHER v ADT FIRE AND SECURITY PLC

[2011] BLR 661

Contract — “Battle of forms” — Offer and acceptance.

PANNONE LLP v AARDVARK DIGITAL LTD

[2011] BLR 695

Orders by consent — Case management — Power of court — Discretion overriding consent — Circumstances in which extension can be granted — Circumstances need not be unusual — Consent one of circumstances — Consent not inherently decisive — CPR 3.3(1), 3.1(2)(a), 3.8 and 3.9.

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