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FARLEY v SKINNER

[2002] BLR 1

Breach of contract - Surveyor - Aircraft noise - General damages - Physical inconvenience - Discomfort - Object of the contract - Loss of pleasure or relaxation - Modest award of damages.

DELAWARE MANSIONS LIMITED AND ANOTHER v LORD MAYOR AND CITIZENS OF THE CITY OF WESTMINSTER

[2002] BLR 25

Nuisance - Encroachment by tree roots - Damage to buildings - When damage caused - Continuation of nuisance - Continuing of cause of action - Damages.

RELIANCE INDUSTRIES LIMITED v (1) ENRON OIL AND GAS INDIA LIMITED (2) OIL & NATURAL GAS CORPORATION LIMITED

[2002] BLR 36

Arbitration - Arbitration Act 1996 - Section 69 - Appeal on a question of law - Contract subject to Indian law - Parties agree Indian law the same as English law - Whether a question of law of England and Wales arises.

ACTIONSTRENGTH LIMITED v (1) INTERNATIONAL GLASS LIMITED IN GL EN SPA (2) SAINT-GOBAIN GLASS UK LIMITED

[2002] BLR 44

Statute of Frauds 1677 - Section 4 - Employer’s agreement with sub-contractor - Answering for debt of another - Estoppel inapplicable.

VEBA OIL SUPPLY AND TRADING GmbH v PETROTRADE INC

[2002] BLR 54

Expert determination - Material departure from instructions.

BICC LIMITED AND CUMBRIAN INDUSTRIALS LIMITED v PARKMAN CONSULTING ENGINEERS (a firm)

[2002] BLR 64

Contribution - Civil Contribution Act 1978 - Negligent design and faulty construction - Whether “Same damage” within meaning of Act Costs - Supreme Court Act 1981 - Section 51(3) - Whether jurisdiction to award Costs - Contribution - Civil Contribution Act 1978 - Section 2 - Section 6 - Whether sum paid as costs should be part of sum apportioned.

ENNSTONE BUILDING PRODUCTS LIMITED v STANGER LIMITED

[2002] BLR 82

Conflict of Laws - Jurisdiction - Whether doctrine of forum non conveniens applies where defendant domiciled in England and seeking stay on ground that Scotland more appropriate forum - Application of that doctrine - Relevance of possible expiry of limitation period - Relevance of failure of defendant to comply with Pre-Action Protocol - Civil Jurisdiction and Judgments Act 1982, sections 2 and 49; Schedule 4, Articles 2 and 5.

C&B SCENE CONCEPT DESIGN LIMITED v ISOBARS LIMITED

[2002] BLR 93

Adjudication - Jurisdiction of adjudicator - Housing Grants Construction and Regeneration Act 1996, section 109 - Scheme for Construction Contracts (England & Wales) Regulations 1998 - Dispute referred to.

(1) BAXALL SECURITIES LIMITED (2) NORBAIN SDC LIMITED v SHEARD WALSHAW PARTNERSHIP AND OTHERS

[2002] BLR 100

Architects - Duty of care owed to subsequent purchasers of property in respect of latent defects - Definition of latent defect - Actual knowledge or opportunity to inspect negativing duty of care or breaking chain of causation.

SHIMIZU EUROPE LIMITED v AUTOMAJOR LIMITED

[2002] BLR 113

Adjudication - Jurisdiction - Whether adjudicator’s mistake went to his jurisdiction - Election to forgo jurisdictional objection.

DAVID McLEAN HOUSING CONTRACTORS LIMITED v SWANSEA HOUSING ASSOCIATION LIMITED

[2002] BLR 125

Adjudication - Whether valid appointment of adjudicator - Whether one dispute referred - Nature of adjudicator’s decision - Whether Employer entitled to set-off, or to summary judgment on, its claim for liquidated and ascertained damages Arbitration - Whether “step in [the] proceedings to answer substantive claim” - Arbitration Act 1996, section 9(3).

AMOCO (UK) EXPLORATION COMPANY v BRITISH AMERICAN OFFSHORE LIMITED

[2002] BLR 135

Costs - Indemnity basis - CPR 44.4 - Litigation run unsuccessfully for commercial interests - Interest on costs - CPR 44.3(6)(g).

CALEDONIA NORTH SEA LIMITED v BRITISH TELECOMMUNICATIONS PLC AND OTHERS

[2002] BLR 139

Contract - Construction - Liability for death or injury - Whether implied term excluding liability where contractor not liable at common law or for breach of statutory duty in respect of the death or injury in question. Indemnity - Insurance - Operator’s indemnity insurer paying sums in settlement - Whether entitled to bring subrogated claim - Whether contractual indemnity primary or secondary liability. Damages - Losses settled at level in excess of those Scottish court would have awarded - Indirect or consequential loss - Whether higher level of damages recoverable - Whether excluded as indirect or consequential.

SMITH (AS ADMINISTRATOR OF COSSLETT CONTRACTORS) v BRIDGEND COUNTY BOROUGH COUNCIL

[2002] BLR 160

ICE Conditions 5th Edition - Clause 63(1): employer’s right to use contractor’s plant to complete contract and to sell the plant - Employer’s right constituting a floating charge requiring registration under section 395 of Companies Act 1985 - Failure to register making it void as against the administrator and company in administration - Consent of employer to removal of plant by third party amounting to the tort of conversion.

PETER MARCIC v THAMES WATER UTILITIES LIMITED

[2002] BLR 174

Flooding - Discharge of overburdened sewers - Water Industry Act 1991 sections 18, 22, 44, 106 - Nuisance - Negligence - Rylands v Fletcher - Breach of statutory duty - Human Rights Act - Respect for home.

TIME GROUP LIMITED v COMPUTER 2000 DISTRIBUTION LIMITED v IBM UNITED KINGDOM LIMITED

[2002] BLR 196

Abuse of process - Rule in Henderson v Henderson - Prior claim by Claimant against Part 20 Defendant settled - Whether Claimant should have raised issues in claim against Defendant in prior proceedings against Part 20 Defendant Compromise - Prior claim by Claimant against Part 20 Defendant settled - Whether Claimant’s claim against Defendant a claim “of whatever nature…relating to the facts and matters” in the prior proceedings.

RJT CONSULTING ENGINEERS LIMITED v DM ENGINEERING (NORTHERN IRELAND) LIMITED

[2002] BLR 217

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Section 107 - Agreement in writing - Entirety of agreement to be recorded.

GLAUSER INTERNATIONAL SA v KHAN t/a KHAN DESIGN CONSULTANTS

[2002] BLR 224

Striking out - Procedural non-compliance - Abuse of process - First action strike-out - Second action strike-out - Discretion fact-specific.

SKANSKA CONSTRUCTION LTD v EGGER (BARONY) LTD

[2002] BLR 236

Contract similar to JCT Standard Form - Care of the works - Insurance provisions - Clause 22 - Employer’s limited insurance obligation - Contractor liable for culpable defects.

LE JONES (INSURANCE BROKERS) LIMITED v PORTSMOUTH CITY COUNCIL

[2002] BLR 244

Nuisance - Negligence - Tree roots - Council agent of highway authority - Subsidence - Underpinning necessary if no tree maintenance - Opportunity of abatement.

ROYAL BROMPTON HOSPITAL NATIONAL HEALTH SERVICE TRUST v HAMMOND AND ORS v TAYLOR WOODROW CONSTRUCTION (HOLDINGS) LTD [2002] UKHL 14

[2002] BLR 255

Contribution - Claim by Employer against Contractor for liquidated and ascertained damages and for return of sums paid in respect of loss and expense - Claim by Employer against Architect for damages for negligent advice in relation to issuance of Architect’s instructions and for negligent granting of extension of time - Architect’s Part 20 claim against Contractor for contribution - Whether Contractor liable “in respect of the same damage” - Civil Liability (Contribution) Act 1978, section 1(1).

CO-OPERATIVE RETAIL SERVICES LIMITED AND OTHERS v TAYLOR YOUNG PARTNERSHIPS AND OTHERS

[2002] BLR 272

JCT Standard Form 1980 Edition Private with Quantities - Clauses 20 and 22A - DOM/1 1980 Sub-Contract Form - Fire - Contribution - Civil Liability (Contribution) Act 1978 sections 1, 2 and 6.

BALFOUR BEATTY CONSTRUCTION LIMITED v THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF LAMBETH

[2002] BLR 288

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - JCT standard form building contract 1998 ed. Adjudication procedure - Adjudication method leading to decision - Adjudicator adopting analysis not used by referring party - Whether opportunity given to other party to respond. Impartiality - Natural justice - Whether breach of requirements by Adjudicator. Adjudication procedure - Use of assistants - Not all notified to parties or consented to by them.

EDMUND NUTTALL LIMITED v RG CARTER LIMITED

[2002] BLR 312

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - DOM/1 Sub-Contract - Clause 38A - Whether dispute decided by Adjudicator was the dispute which was referred to the Adjudicator.

JOHN DOWNING v AL TAMEER ESTABLISHMENT AND ANOTHER [2002] EWCA Civ 721

[2002] BLR 323

Repudiation of contract - Arbitration agreement - Repudiation of arbitration agreement - Acceptance of repudiation by serving of writ - Application for stay under section 9 Arbitration Act 1996 - Appropriate forum - Extension of validity of writ.

PARSONS PLASTICS (RESEARCH AND DEVELOPMENT) LIMITED v PURAC LIMITED

[2002] BLR 334

Adjudication - Contractual scheme - Not pursuant to Housing Grants, Construction and Regeneration Act 1996 - Whether Adjudicator’s decision should be treated with same force as though under Act - Whether right to set-off against amount awarded was available.

LEVOLUX A.T. LIMITED v FERSON CONTRACTORS LIMITED

[2002] BLR 341

Adjudication - Procedure - Application to enforce Adjudicator’s award - Part 8 claim - Application of over-riding objective under CPR Part 1 - Treated as Part 24 claim. Adjudication - GC/Works sub-contract - Clause 38A - Right to set-off. Determination - Clause 29.8.1 - Cessation of sums due upon termination - Whether sum awarded by Adjudicator subject to Clause 29.8.1.

ENNSTONE BUILDING PRODUCTS LIMITED v STANGER LIMITED (No 2) [2002] EWCA Civ 916

[2002] BLR 347

Conflict of laws - Choice of law - Contract - Presumption in Article 4(2) of Rome Convention - Meaning of “under the terms of the contract the performance is to be effected” - Whether presumption to be disregarded under Article 4(5) of Rome Convention - Contracts (Applicable Law) Act 1990. Conflict of laws - Choice of law - Tort - Whether tort foreign or English - Place where tort committed - Double actionability rule - Foreign Limitation Periods Act 1984, section 1.

R G CARTER LIMITED v EDMUND NUTTALL LIMITED

[2002] BLR 359

Adjudication - Housing Grants Construction & Regeneration Act 1996 - Appointment of Adjudicator - Adjudication previously determined - Dispute covering same ground as previous adjudication - Questions on future impartiality.

JT MACKLEY & COMPANY LIMITED v GOSPORT MARINA LIMITED

[2002] BLR 367

ICE Conditions (6th Edition) - Clause 66 - Arbitration Act 1996, sections 30 and 32 - Reference for tripartite arbitration - Effect of adjudication.

ALFRED McALPINE CONSTRUCTION LIMITED v FORUM ARCHITECTS (a firm) and Others

[2002] BLR 378

Undisclosed agent - Architect’s services - Production of drawings - Common law duty of care in relation to design - No case to answer - Election as to calling evidence.

JOHN DOYLE CONSTRUCTION LIMITED v LAING MANAGEMENT (SCOTLAND) LIMITED

[2002] BLR 393

Pleading - Global claim - Causation - Impossibility of identifying individual cause and loss - Whether necessary to recover global loss - Cause responsibility of party claiming - Whether global calculation of loss should be excluded from probation.

MOSTCASH PLC & OTHERS v FLUOR LIMITED [2002] EWCA Civ 975

[2002] BLR 411

Compromise - Whether had effect of compromising claims about which parties did not know as at time of compromise - Construction of words “cause of action that may in future accrue” - Whether compromise should be construed by reference to proper construction of underlying contract. Exclusion clause - Whether Claimant’s remedies limited to right to require Defendant to perform corrective services - Whether claim for damages for non-contractual duty of care excluded. Rectification - Whether should be rectification in terms not sought by either party - Practice - Whether subsequent proceedings should be heard by same judge.

ALLIED CARPETS GROUP PLC v STEPHEN GRANT PARLAN MACFARLANE And others (trading as THE WHICHELOE MACFARLANE PARTNERSHIP) (a firm)

[2002] BLR 433

Contract - Assignment - Equitable assignment - Deed of collateral warranty - Liquidation and transfer of assets to purchaser - Whether purchaser enjoined benefit of deed - Whether assignment had occurred - Whether right to assign existed - Whether any intention to assign.

STANNARD v CHARLES PITCHER LIMITED AND OTHERS

[2002] BLR 441

Nuisance - Noise from superjacent flat - Failure in stacking arrangements - Relevance of standard of comfort previously enjoyed - Relevance of standards envisaged by lease - Laches.

McCONNELL DOWELL CONSTRUCTION (AUST) PTY LTD v SEMBCORP ENGINEERING AND CONSTRUCTIONS PTE LTD

[2002] BLR 450

On-Demand Bond - Bank Guarantee - Call - Interlocutory injunction - Grounds for preventing call - Unconscionability.

SAMWOH ASPHALT PREMIX PTE LTD v SUM CHEONG PILING PTE LTD and another

[2002] BLR 459

On-Demand Bond - Performance Guarantee - Guarantee provided to Main Contractor for sub-sub-contract performance - Interlocutory injunction - Grounds for preventing call on payment - Fraud - Unconscionability.

PREMIER PROFILES LIMITED v TIOXIDE EUROPE LIMITED and KRONOS INC and others l0 EVC COMPOUNDS LIMITED v TIOXIDE EUROPE LIMITED and KRONOS INC and others

[2002] BLR 467

Discovery - Documents containing confidential information - Information belonging to non-party - Principles to be applied - Competing interests of party seeking disclosure - Legitimate interest in keeping trade information secret. CPR Part 31 relevance - Necessity - Balance of interests.

THE CONSTRUCTION GROUP CENTRE LIMITED v THE HIGHLAND COUNCIL

[2002] BLR 476

Adjudication - Nature of Adjudicator’s award - Whether appropriate to grant summary decree - Whether Defender entitled to rely upon claim for liquidated and ascertained damages to resist summary decree - Whether Defender entitled to raise, and whether it should have raised, claim before Adjudicator - Whether needed to serve notice of intention to withhold - Effect of notice of intention to withhold served after Adjudicator’s award

SAMUEL PAYNE AND OTHERS v JOHN SETCHELL LTD

[2002] BLR 489

Duty of Care - Engineer - Original owner - Subsequent owners - Damage to Building itself - Economic Loss - Whether subsequent owners acquired fresh causes of action upon purchase - Continuing Duty to Reconsider Design - Section 1 Defective Premises Act 1972 - Section 14A Limitation Act 1980 - Section 3 Latent Damage Act 1986.

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