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PC HARRINGTON CONTRACTORS LTD v SYSTECH INTERNATIONAL LTD

[2013] BLR 1

Adjudication – Recoverability of adjudicator's fees – Natural justice – Unenforceability of decision – Whether total failure of consideration – Whether adjudicator entitled to be paid.

SQUIBB GROUP LTD v VERTASE F.L.I LTD

[2013] BLR 11

Adjudication - Housing Grants, Construction and Regeneration, Act 1996 - Set-off against adjudicator's decision - Inability to set-off claim for liquidated damages or other claims against adjudicator's decision.

JACOBS UK LTD v SKIDMORE OWINGS AND MERRILL LLP LTD

[2013] BLR 18

Tomlin Order - Settlement incorporated - Construction of Settlement terms - Commercial background - Term for award of further contracts - Meaning of award clear - Implied obligation of good faith - Agreement to agree.

GENESIS HOUSING ASSOCIATION LTD v LIBERTY SYNDICATE MANAGEMENT LTD

[2013] BLR 28

Insurance – “Basis of contract” clauses – Warranty as to truth of statements – Breach of warranty – Effect of breach of warranty.

TOWSEY AND ANOTHER (T/A TOWSEY PLASTERING CONTRACTORS) v HIGHGROVE HOMES LTD

[2013] BLR 45

Winding up petition against company - Disputed debt - Decision by adjudicator - Sums due under decision not paid - Whether status of decision permitted challenge by company in proceedings over nature of debt - Whether company unable to pay debts as and when they fell due.

AVIVA INSURANCE LTD v HACKNEY EMPIRE LTD

[2013] BLR 57

Bond – Guarantee – Side agreement between employer and contractor as to on-account payments – Whether side agreement or payments made by employer discharged guarantor under bond. – Bond – Guarantee – Termination of contractor's employment upon appointment of administrator – Whether employer had claim for damages covered by bond – Clause 27 of JCT 1998 Standard Form – Whether clause requiring election between remedies.

WUHAN GUOYU LOGISTICS GROUP CO LTD AND ANOTHER v EMPORIKI BANK OF GREECE SA

[2013] BLR 74

Payment guarantee – Proper construction of – Whether guarantee or on demand bond.

CONNELL v MUTCH (TRADING AS SOUTHEY BUILDING SERVICES) AND ANOTHER

[2013] BLR 82

Costs – Claim – Set-off and counterclaim – Net sum due to claimant – CPR 44.3 – Normal order based on overall success – Discretion of judge to make costs order on claim and counterclaim.

BULIC v HARWOODS AND OTHERS

[2013] BLR 89

Single joint experts – Permission to rely on further expert evidence.

UK HIGHWAYS A55 LTD AND OTHERS v HYDER CONSULTING (UK) LTD AND ANOTHER

[2013] BLR 95

CPR Part 7.4 – Service of particulars of claim required within 14 days of service of claim form – Failure to serve pleadings within that period – Parties agreeing to various stays over two-year period – Dispute not resolved – particulars of claim served out of time. – Defendants' application for summary judgment – Strike out of particulars of claim based on failure to serve within time. – Extension of time – Application by claimant retrospectively – Whether time should be extended – Whether particulars of claim should be struck out.

ANDREWS AND OTHERS v AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD

[2013] BLR 111

Penalty – Whether penalty doctrine limited to circumstances where there is breach of contract – Grounds for equitable intervention.

JOHN GRIMES PARTNERSHIP LTD v GUBBINS

[2013] BLR 126

Consulting engineer – Delay – Damages – Knowledge of defendant – Reasonable foreseeability – Property value reduction during delay – Size of fee.

NULTY AND OTHERS v MILTON KEYNES BOROUGH COUNCIL

[2013] BLR 134

Causation – Balance of probabilities – Fire – Whether fire caused by cigarette end discarded by engineer – Whether, if other possible causes very much less likely, that in law becomes probable cause.

YAM SENG PTE LTD (A COMPANY REGISTERED IN SINGAPORE) v INTERNATIONAL TRADE CORPORATION LTD

[2013] BLR 147

Contracts – Implied terms – Good faith – Repudiation. – Contracts – Damages – Reliance loss. – Contracts – Misrepresentation – Damages.

MEARS LTD v SHORELINE HOUSING PARTNERSHIP LTD

[2013] BLR 181

Summary judgment – CPR 3.4(2)(a) – Striking out – Particulars of claim – Order for payment into court by party. – Estoppel by convention – Estoppel by representation – Misrepresentation.

ATKINS LTD v SECRETARY OF STATE FOR TRANSPORT

[2013] BLR 193

Arbitration – Serious irregularity under Arbitration Act 1996, section 68 – Permission to appeal under Arbitration Act 1996, section 69 – Whether applications under sections 68 and 69 barred by section 70 of Arbitration Act 1996 – Whether available recourse under section 57 of Arbitration Act 1996 exhausted.

ARCADIS UK LTD v MAY AND BAKER LTD (TRADING AS SANOFI)

[2013] BLR 210

Adjudication – Successive adjudications – Party providing second adjudicator with first decision. – Adjudication – Enforcement – Summary judgment – Whether second adjudicator was bound by first decision – Whether breach of natural justice to consider or apply findings of first adjudicator.

WESTFIELDS CONSTRUCTION LTD v LEWIS

[2013] BLR 223

Adjudication – Enforcement – HGCRA 1996, section 106 – Construction contract – Residential occupier.

BERRY PILING SYSTEMS LTD v SHEER PROJECTS LTD

[2013] BLR 232

CPR 32.14 – Application for permission to apply for committal for contempt – Statements made in witness statements with statement of truth – Reckless as to whether the statement is truthful – Practice Direction 81, paragraph 5.2.

HARRISON AND OTHERS v TECHNICAL SIGN COMPANY LTD AND OTHERS

[2013] BLR 244

Part 20 proceedings – Breach of contract – Chain of causation negligence – Duty of care – Category of breach – Contributory negligence – Civil Liability (Contribution) Act 1978.

MID ESSEX HOSPITAL SERVICES NHS TRUST v COMPASS GROUP UK AND IRELAND LTD (TRADING AS MEDIREST)

[2013] BLR 265

Contract - Interpretation - Implied term - Good faith.

NELSON'S YARD MANAGEMENT COMPANY AND OTHERS v EZIEFULA

[2013] BLR 289

Discontinuance - Costs - CPR Part 38.6(1) - Default rule - Reasons for departure from rule - Pre-action protocols - Non-compliance with spirit of protocols - Party Wall etc Act 1996.

TURVILLE HEATH INC v CHARTIS INSURANCE UK LTD (FORMERLY AIG UK LTD)

[2013] BLR 302

Arbitration Act 1996, section 9 – Stay to arbitration – Dispute resolution clause not an arbitration agreement. – Senior Courts Act 1981, section 49 – Stay of proceedings pursuant to inherent jurisdiction of the court – grounds for granting stay – Fairness and efficiency of dispute resolution.

LAZARI v LONDON & NEWCASTLE (CAMDEN) LTD

[2013] BLR 313

Civil Procedure Rules – Overriding objective – CPR Part 3.1. – Conditional order – Payment into court.

WILLMOTT DIXON HOUSING LTD (FORMERLY INSPACE PATNERSHIPS LTD) v NEWLON HOUSING TRUST

[2013] BLR 325

Adjudication – Referral of disputes – Service of referral – Referral of more than one dispute to the same adjudicator.

TRANSPORT FOR GREATER MANCHESTER (FORMERLY GREATER MANCHESTER PASSENGER TRANSPORT EXECUTIVE) v THALES TRANSPORT & SECURITY LTD

[2013] BLR 339

Disclosure – Litigation privilege – Civil evidence.

HEIFER INTERNATIONAL LTD v (1) HELGE CHRISTIANSEN (2) CHRISTIANSEN ARKITEKTER KS MAA PAR

[2013] BLR 346

Discharge of charging orders.

VERTASE F.L.I LTD v SQUIBB GROUP LTD (NO 2)

[2013] BLR 352

Adjudication – Second adjudication between parties – Same adjudicator – Whether adjudicator in first adjudication made findings on deduction of liquidated damages – Findings on withholding notices and on “no loss” – Enforcement – Whether adjudicator reconsidering or changing his mind on matter already decided.

MANOLETE PARTNERS PLC v HASTINGS BOROUGH COUNCIL

[2013] BLR 361

Building Act 1984 – Section 78 – Exercise of power – Section 106 – Claim for compensation – Independent cause of action not required – Meaning of “in default” – Effect of section 77 application to Magistrates' Court.

MORRIS HOMES (WEST MIDLANDS) LTD v KEAY AND ANOTHER

[2013] BLR 370

Arbitration Award – Arbitration Act 1996, section 69 – Permission to appeal on question of law – Criteria – Summary approach – Clear cut criteria.

CO-OPERATIVE GROUP LTD v BIRSE DEVELOPMENTS LTD AND ANOTHER

[2013] BLR 383

Amendments – New cause of action – Change in essential factual elements – CPR Part 17.4.

SHORELINE HOUSING PARTNERSHIP LTD v MEARS LTD

[2013] BLR 393

Application to strike out particulars of claim – Estoppel by convention – Estoppel by representation – Misrepresentation. – CPR 3.4(2)(a) — correct test to adopt.

TELFORD HOMES (CREEKSIDE) LTD v AMPURIUS NU HOMES HOLDINGS LTD

[2013] BLR 400

Due diligence – Repudiation.

ASPECT CONTRACTS (ASBESTOS) LTD v HIGGINS CONSTRUCTION PLC

[2013] BLR 417

Adjudication – Proceedings challenging the adjudicator's decision – Cause of action – Implied term for repayment – Restitution – Negative declarations – Limitation period.

AB AND ANOTHER v CD LTD

[2013] BLR 435

Mediation – Mediation agreement requiring written agreement – Mediation hearing ended without settlement – Discussions between parties continuing – agreement reached but Tomlin order not finalised. – Settlement – Negotiation about wording of order – Whether action compromised.

HAMID (T/A HAMID PROPERTIES) v FRANCIS BRADSHAW PARTNERSHIP

[2013] BLR 447

Appeal – CPR 52.11(2) – Application to admit fresh evidence. – Contract – Capacity of party signing the contract – Acting personally or as agent.

CIMC RAFFLES OFFSHORE (SINGAPORE) LTD AND ANOTHER v SCHAHIN HOLDING SA

[2013] BLR 458

Guarantee - Guaranteed contract - Variations to underlying contract - Variations outside purview of guarantee - Rule of law or construction.

ELVANITE FULL CIRCLE LTD v AMEC EARTH & ENVIRONMENTAL (UK) LTD (NO 2)

[2013] BLR 473

Costs – Basis of assessment – Revisions to and departures from costs management orders.

TSG BUILDING SERVICES PLC v SOUTH ANGLIA HOUSING LTD

[2013] BLR 484

Adjudication – Enforcement – Part 8 proceedings – Jurisdiction of the adjudicator – Contractual construction.

R&S FIRE AND SECURITY SERVICES LTD v FIRE DEFENCE PLC

[2013] BLR 500

Winding-up petition – Interim application – Lack of Pay Less Notice – Whether petitioner entitled to present petition

URBAN 1 (BLONK STREET) LTD v AYRES AND ANOTHER

[2013] BLR 505

Sale of land – Completion – Developer's works – Time to complete work – Effect on sale – Repudiation of sale agreement – Delays in works.

VERNON KNIGHT ASSOCIATES v CORNWALL COUNCIL

[2013] BLR 519

Nuisance – Escape of floodwater from highway – Duty to maintain – Natural nuisance – Extent of duty upon Council.

ABB LTD v BAM NUTTALL LTD

[2013] BLR 529

Enforceability of adjudicator's decision – Breach of rules of natural justice – Degree of seriousness of any breach – Status of decision.

THAMESIDE CONSTRUCTION CO LTD v STEVENS AND ANOTHER

[2013] BLR 543

Adjudication – Enforcement – Set-off.

HAMMERSMATCH PROPERTIES (WELWYN) LTD v SAINT-GOBAIN CERAMICS AND PLASTICS LTD AND ANOTHER (NO 2)

[2013] BLR 554

Costs – Defendant's Part 36 offer just less than sum awarded to claimant – Whether such “near miss” offer should be taken into account pursuant to CPR 44.2(4)(c).

GENESIS HOUSING ASSOCIATION LTD v LIBERTY SYNDICATE MANAGEMENT LTD FOR AND ON BEHALF OF LIBERTY SYNDICATE 4472 AT LLOYD'S

[2013] BLR 565

Insurance - "Basis of contract" clauses - Warranty as to truth of statements - Breach of warranty - Effect of breach of warranty.

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