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HALLIBURTON COMPANY v CHUBB BERMUDA INSURANCE LTD (FORMERLY KNOWN AS ACE BERMUDA INSURANCE LTD)

[2021] BLR 1

Arbitration – Duty of fairness and impartiality – Arbitration Act 1996, section 24 – Removal of arbitrator – Apparent bias – Appointment in multiple arbitrations with single overlapping party and subject matter – Disclosure of appointments – Confidentiality.

MAEDA KENSETSU KOGYO KABUSHIKI KAISHA (ALSO KNOWN AS MAEDA CORPORATION) AND ANOTHER v BAUER HONG KONG LTD

[2021] BLR 39

Notices – Conditions precedent to entitlement – Notice stating one contractual basis but reliance on a different contractual basis at trial.

HUBER AND ANOTHER v X-YACHTS (GB) LTD AND ANOTHER

[2021] BLR 54

Remote hearing – Trial – Parties and witnesses outside the jurisdiction – Video only hearing – Courts Act 2003, section 85A and 85B – Senior Courts Act 1981, section 71 – Conditions to broadcast proceedings.

NEOLOGY UK LTD v THE COUNCIL OF THE CITY OF NEWCASTLE UPON TYNE AND OTHERS

[2021] BLR 61

Procurement – Summary judgment – Lifting of automatic stay.

BLACKPOOL BOROUGH COUNCIL v VOLKERFITZPATRICK LTD AND OTHERS

[2021] BLR 78

Costs – Successful party – Part 36 offer – Withdrawal of Part 36 offer – Relevance of approved costs budget – Relevance of weak and thin claims – Costs of third parties.

ABC ELECTRIFICATION LTD v NETWORK RAIL INFRASTRUCTURE LTD

[2021] BLR 97

Default – Meaning of default – Contractual interpretation – Redundancy principle – ICE contract Conditions – Disallowed cost.

GLOBAL SWITCH ESTATES LTD v SUDLOWS LTD

[2021] BLR 111

Adjudication - Natural justice - Jurisdiction - All defences to be considered by adjudicator - Impact of previous adjudication decisions.

STANDARD LIFE ASSURANCE LTD v GLEEDS (UK) (A FIRM) AND OTHERS

[2021] BLR 126

Statements of case – Strike out – Sampling and extrapolation of breaches – Inference – Res ipsa loquitur – Global claims – Burden of proof – Abuse of process – Expert evidence in support of professional negligence allegations.

AQUA LEISURE INTERNATIONAL LTD v BENCHMARK LEISURE LTD

[2021] BLR 150

Adjudication – Subsequent agreement – “Subject to contract” – Whether award could be enforced. – Costs – Late Payment of Commercial Debts (Interest) Act 1998 – Costs awarded by adjudicator – Whether enforceable.

RG CARTER PROJECTS LTD v CUA PROPERTY LTD

[2021] BLR 160

Costs – Discontinuation of claims by radical amendment.

SECRETARIAT CONSULTING PTE LTD AND OTHERS v A COMPANY

[2021] BLR 167

Experts – Duties to client – Fiduciary duty to client – Loyalty – Confidentiality – Conflicts of interest – Two experts from same firm engaged on two related arbitrations.

LARGE v HART AND ANOTHER

[2021] BLR 189

Damages – Negligent – Negligent survey – Failure to advise and provide information – Measure of loss.

TRW LTD v PANASONIC INDUSTRY EUROPE GMBH AND ANOTHER

[2021] BLR 204

Jurisdiction – Recast Brussels I Regulation (Regulation No 1215/2012/EU) – Jurisdiction agreements – Contract formation – Battle of the forms – Lis alibi pendens – Stay of proceedings to avoid the risk of irreconcilable judgments.

AIC LTD v THE FEDERAL AIRPORTS AUTHORITY OF NIGERIA

[2021] BLR 217

Reconsideration of Order before sealing – Exercise of discretion.

OKPABI AND OTHERS v ROYAL DUTCH SHELL PLC AND ANOTHER

[2021] BLR 237

Jurisdiction – Whether real issue to be tried – Duty of care of parent company in respect of actions of subsidiaries.

CLIN v WALTER LILY & CO LTD

[2021] BLR 259

Construction – Demolition works – Planning – Conservation areas – JCT Contracts – Appeals.

HARRISON JALLA AND OTHERS v SHELL INTERNATIONAL TRADING AND SHIPPING COMPANY AND ANOTHER

[2021] BLR 276

Nuisance – Limitation – Continuing nuisance.

MOTACUS CONSTRUCTIONS LTD v PAOLO CASTELLI SPA

[2021] BLR 293

Construction contract – Adjudication enforcement – Summary judgment – Whether jurisdiction of English court ousted by foreign exclusive jurisdiction clause – 2005 Hague Convention, articles 6(c) and 7.

MARTLET HOMES LTD v MULALLEY & CO LTD

[2021] BLR 307

Pleadings – Reply – Whether adding new claim in Reply – Application to strike out parts of Reply – Whether permitted – Claim should be added to Particulars of Claim by amendment – CPR Part 3.4(2)(a) and Part 7.5. – Limitation Act 1980 – Amendment to add claim after expiry of limitation period – Principles to be applied – Discretion.

ANCHOR HANOVER GROUP (INCORPORATING THE FULLY TRANSFERRED SOCIETY, HANOVER HOUSING ASSOCIATION) AND OTHERS v ARCADIS CONSULTING (UK) LTD AND OTHERS

[2021] BLR 319

Pleadings CPR 3.4(2)(a) – Strike out of claim – CPR 24.1 – Summary judgment on defence. – Duty of care – Statutory duties – Voluntary assumption of responsibility.

NAYLOR AND OTHERS v ROAMQUEST LTD AND ANOTHER

[2021] BLR 330

Striking out – CPR 3.4(2)(a) and (b) – Summary judgment – CPR 24.2 – Principles applicable – No realistic prospect of success – No mini-trial to be conducted – Consider evidence before court as well as that expected at trial – Capital diminution after remedial works reflecting stigma.

DENKA ADVANTECH PTE LTD AND ANOTHER v SERAYA ENERGY PTE LTD AND ANOTHER AND OTHER APPEALS

[2021] BLR 340

Breach of contract – Liquidated damages – Penalty clauses – Penalties – Mitigation.

MULTIPLEX CONSTRUCTION EUROPE LTD v BATHGATE REALISATIONS CIVIL ENGINEERING LTD (FORMERLY KNOWN AS DUNNE BUILDING AND CIVIL ENGINEERING LTD) (IN ADMINISTRATION) AND OTHERS

[2021] BLR 391

Construction – British Standards – Duty of care – Design and build contracts – Assumption of responsibility – Warranties – Third Parties (Rights Against Insurers) Act 2010.

TRANSPORT FOR GREATER MANCHESTER v KIER CONSTRUCTION LTD (T/A KIER CONSTRUCTION NORTHERN)

[2021] BLR 431

Adjudication – Notice of dissatisfaction – Address for service.

MOTT MACDONALD LTD v TRANT ENGINEERING LTD

[2021] BLR 440

Exclusion and limitation clauses – Net contribution clauses – Interpretation – Scope of application – Whether applicable to “fundamental”, “wilful” or “deliberate” breaches.

BOXWOOD LEISURE LTD v GLEESON CONSTRUCTION SERVICES LTD AND ANOTHER

[2021] BLR 459

Extension of time for service of claim form – Retrospective extension – Scope of powers to grant relief from sanction or rectify an error of procedure by extending time for service of claim form.

PRATER LTD v JOHN SISK & SON (HOLDINGS) LTD

[2021] BLR 474

Adjudication - Summary judgment - Jurisdiction - More than one dispute - Effect of alleged lack of jurisdiction in earlier decision on later decision based in part on earlier decision.

PERFORM CONTENT SERVICES LTD v NESS GLOBAL SERVICES LTD

[2021] BLR 485

Brussels Recast Regulation – Lis pendens – Article 33 – Stay in favour of courts of non-member state – Article 25 – Non-exclusive jurisdiction agreements – Whether “jurisdiction is based on article 4” – Whether stay “necessary for the proper administration of justice”.

DANA UK AXLE LTD v FREUDENBERG FST GMBH

[2021] BLR 500

Trial – Expert evidence – Failure by expert to comply with CPR Part 35 – Application to dismiss whole of expert's evidence as a consequence – Breaches of court order and expert duties – Expert evidence excluded.

MATTHEW ROGERSON (T/A COTTESMORE HOTEL, GOLF AND COUNTRY CLUB) v ECO TOP HEAT & POWER LTD

[2021] BLR 519

Expert evidence – Change of expert – Terms for leave for new expert – Expert shopping – Privileged notes or drafts – Jurisdiction of the court to impose conditions on deployment of replacement expert – CPR 35.4.

MAYPOLE DOCK LTD v CATALYST HOUSING LTD

[2021] BLR 534

Interim relief – Injunction – Court proceedings under way seeking damages for breach of Overage Agreement – Defendant seeking to commence expert determination under contractual provisions in Overage Agreement.

DAVIES & DAVIES ASSOCIATES LTD v STEVE WARD SERVICES (UK) LTD

[2021] BLR 542

Adjudication – Adjudicator's fees claimed in circumstances where he resigned – Adjudicator's resignation due to issue on jurisdiction not raised by the parties – Whether a breach of contract by the adjudicator disentitling him to his fees.

TRIPLE POINT TECHNOLOGY INC v PTT PUBLIC COMPANY LTD

[2021] BLR 555

Liquidated damages – Contract terminated – Effect on entitlement to liquidated damages – General principle – Negligence meaning in contract – Clear words needed to limit interpretation to exclude normal interpretation – Liquidated damages subject to cap or not.

STANDARD LIFE ASSURANCE LTD v GLEEDS (UK) (A FIRM) AND OTHERS

[2021] BLR 588

Statements of case – Permission to amend – Adequacy of particulars – Particulars of quantum – Compliance with orders and time limits – Loss of a chance.

R (ON THE APPLICATION OF THE GOOD LAW PROJECT LTD) v THE SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE AND PHARMACEUTICALS DIRECT LTD (INTERESTED PARTY)

[2021] BLR 599

Service of claim form – Email service – Specified email address by Treasury Solicitor for new proceedings – Failure to serve in time. – CPR Part 6.15 – CPR Part 3.1(2)(a) – CPR Part 7.6. – Procurement – Judicial review – Limitation – Prejudice to defendant if relief granted.

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