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EUROCOM LTD v SIEMENS PLC

[2015] BLR 1

Adjudication – Request for nomination of adjudicator – RICS form – Identification of named adjudicators with conflicts – Possible fraudulent misrepresentation – Implied term not to subvert nomination process – Vitiation of adjudicator’s appointment – Overlap between decisions in two adjudication decisions.

NATS (SERVICES) LTD v GATWICK AIRPORT LTD DFS DEUTSCHE FLUGSICHERUNG GMBH (INTERESTED PARTY)

[2015] BLR 19

Public procurement – Implementation of European Directive 2007/66/EC – Automatic suspension of tender process or equivalent injunction already in place until trial – Pleadings – Amendment of pleadings – application to strike out – Principles applicable to tenders under EC Regulations and whether duty in relation to “abnormally low” tenders – Expedited trial due to issues – Lack of time prior to trial and effect of amendment.

RENDLESHAM ESTATES PLC AND OTHERS v BARR LTD

[2015] BLR 37

Defective Premises Act 1972 – Meaning of “dwelling”, “in connection with the provision of a dwelling” and “fitness for habitation” – Measure of damages in respect of common parts – Damages for blight – Damages for inconvenience and distress.

M T HØJGAARD A/S v E.ON CLIMATE AND RENEWABLES UK ROBIN RIGG EAST LTD AND ANOTHER

[2015] BLR 55

Variation Orders under contract – Interpretation of Variation Order – Change in the method of working – Valuation of omitted works – Whether circumstances in which variation was issued were to be taken into account in construing contract.

WEATHERFORD GLOBAL PRODUCTS LTD v HYDROPATH HOLDINGS LTD AND OTHERS

[2015] BLR 69

Contract – Breach of warranty – Misuse of know-how and confidential information – Inducing breach of contract – Abuse of process – Directors obligations under Companies Act 2006, sections 172 and 175.

PT PERUSAHAAN GAS NEGARA (PERSERO) TBK v CRW JOINT OPERATION (INDONESIA)

[2015] BLR 119

Dispute adjudication board – FIDIC Red book – Binding nature of decision – Reviewable in arbitration – Enforceability of DAB decision – International Arbitration Act 2002 (Singapore) – Jurisdiction of arbitrators to issue interim award – Breach of natural justice rules.

SAVOYE AND SAVOYE LTD v SPICIERS LTD

[2015] BLR 151

Adjudication – Enforcement of adjudicator's decision – “Construction operations” – Housing Grants, Construction and Regeneration Act 1996, section 105 – [Fixtures] – “Form part of the land”.

GARY KITT AND EC HARRIS LLP v THE LAUNDRY BUILDING LTD AND ANOTHER

[2015] BLR 170

Adjudication – Jurisdiction – Attempt by referring party to confine dispute – Natural justice – Adjudicator's fees.

IMTECH INVIRON LTD v LOPPINGDALE PLANT LTD

[2015] BLR 183

Adjudication – Adjudication clause in main contract – No adjudication clause expressed in subcontract – Incorporation of main contract terms – Analysis of what was incorporated – Suitability for summary judgment process – One dispute under one subcontract referred to adjudication.

TRANSOCEAN DRILLING UK LTD v PROVIDENCE RESOURCES PLC (THE ARCTIC III)

[2015] BLR 190

Contract – Interpretation – Exclusion and Limitation of Liability Clauses – Knock for Knock provisions.

THE TRUSTEES OF THE MARC GILBARD 2009 SETTLEMENT TRUST v OD DEVELOPMENTS AND PROJECTS LTD

[2015] BLR 213

Final Certificate – JCT Contract (2009 Edition) – Conclusive effect in any proceedings – Court proceedings started in time – Adjudication to be started later – Whether Final Certificate conclusive in adjudication proceedings.

ST AUSTELL PRINTING COMPANY LTD v DAWNUS CONSTRUCTION LTD; DAWNUS CONSTRUCTION LTD v ST AUSTELL PRINTING COMPANY LTD

[2015] BLR 224

Adjudication – Enforcement adjudicator’s decision – Part 7 and Part 8 proceedings – Challenge to jurisdiction of adjudicator – Whether dispute had crystallised – Whether referring party could refer part only of claim under interim application.

ISG CONSTRUCTION LTD v SEEVIC COLLEGE

[2015] BLR 233

Adjudication – Jurisdiction – Entitlement to payment – Valuation of works – Payless notices – Recovery of monies overpaid.

LIBERTY MERCIAN LTD v CUDDY CIVIL ENGINEERING LTD AND ANOTHER (NO 3)

[2015] BLR 242

Agreement to provide a performance bond – Remedies for failure – Senior Courts Act 1981, section 19 – Specific performance impossible – Appropriateness of payment into court as alternative remedy.

GROUP M UK LTD v CABINET OFFICE

[2015] BLR 258

Public procurement – Removal statutory suspension – Remedies Directive No 2007/66/EC – Principles governing injunctive relief – So-called “American Cyanamid” and those governing suspension of contract award under – Public Contract Regulations 2006 (SI 2006 No 5) – Public interest.

ASPEN INSURANCE UK LTD v ADANA CONSTRUCTION LTD

[2015] BLR 273

Insurance – Combined contractors' liability policy – Public liability – Product liability – Meaning of product – Failure of work to perform intended function – Appropriateness of negative declaration is sought by insurers – Meaning of “superstructure” – Crane as “superstructure”.

CIP PROPERTIES (AIPT) LTD (FORMERLY KNOWN AS NORWICH PROPERTY TRUST LTD) v GALLIFORD TRY INFRASTRUCTURE LTD AND OTHERS

[2015] BLR 285

Costs Management Order – Costs Management Rules – Claimant's costs budget – Dramatic increase in costs incurred – Lack of explanation – Unreliable and disproportionate costs budget – Unreasonable costs – Detailed costs assessment for incurred and estimated costs.

GOLDSWAIN AND ANOTHER v BELTEC LTD (T/A BCS CONSULTING) AND ANOTHER

[2015] BLR 300

Professional negligence – Duty to warn – Professional's obligation to warn where possibility harm may occur.

GALLIFORD TRY BUILDING LTD v ESTURA LTD

[2015] BLR 321

Adjudicator's decision – Application for summary judgment for enforcement purposes – Unfair fully to enforce – Partial stay.

TRANSFORMERS & RECTIFIERS LTD v NEEDS LTD

[2015] BLR 336

Contract formation – Battle of Forms – Incorporation of terms and conditions.

PAICE AND ANOTHER v MJ HARDING (TRADING AS MJ HARDING CONTRACTORS)

[2015] BLR 345

Adjudication – Four adjudications – Same adjudicator for first, third and fourth – Telephone contact between claimants and adjudicator’s office – Apparent bias – Test for bias – Fair-minded and informed observer – Adjudicator’s explanations relevant matter in considering bias – Waiver of bias – Overlap between third and fourth decisions – Lack of jurisdiction in later adjudication.

HERON BROS LTD v CENTRAL BEDFORDSHIRE COUNCIL

[2015] BLR 285

Public Contracts Regulations 2006 (SI 2006 No 5) – Period for service of claim form – Service of unsealed claim form within statutory period – Application to strike out claim – Discretion to cure irregularity in service of unsealed claim form – Regulation 47F – Service of claim form in accordance with rules of court – Valid service achieved when step taken in accordance with CPR 7.5(1) within seven days of issue of claim form.

ECOVISION SYSTEMS LTD v VINCI CONSTRUCTION UK LTD

[2015] BLR 373

Adjudication – Jurisdiction – Contractual interpretation – Applicable adjudication rules – Bias.

KHURANA AND ANOTHER v WEBSTER CONSTRUCTION LTD

[2015] BLR 396

Adjudication agreement – Binding decision – Access to the courts – Unfair Terms in Consumer Contracts (SI 1999 No 2083), regulations 5 and 7 – Application to stay the action – Principles.

ALLIANCE CONCRETE SINGAPORE PTE LTD v SATO KOGYO (S) PTE LTD

[2015] BLR 410

Contract – Frustration of contract – Unspecified source unavailable after contract formation – Whether parties contemplated the unspecified source – Whether parties discharged from further performance – Whether failure to supply sand prior to frustration amount to repudiatory breach.

MT HØJGAARD A/S v E.ON CLIMATE AND RENEWABLES UK ROBIN RIGG EAST LTD AND ANOTHER

[2015] BLR 431

Construction of a contract for the design and installation of wind turbines – Warranty of fitness for purpose – Whether provision requiring compliance with industry standard qualified obligation of fitness for purpose – Whether obligation to comply with contractual technical standard imposed a strict obligation – Meaning of 20-year design life.

SECRETARY OF STATE FOR DEFENCE v TURNER ESTATES SOLUTIONS LTD

[2015] BLR 448

Arbitration – Preliminary issues – Arbitration Act 1996, section 45 – Criteria for court ordering preliminary issues – Question law – Substantial effect on parties' rights – Substantial costs savings – Construction of contract – Canons of construction.

HARLEQUIN PROPERTY (SVG) LTD AND ANOTHER v WILKINS KENNEDY (A FIRM)

[2015] BLR 469

Security for costs – After the event insurance – CPR 25.12 and 25.13 – Third Parties (Rights Against Insurers) Acts 1930 and 2010 – Contracts (Rights of Third Parties) Act 1999.

AL-WADDAN HOTEL LTD v MAN ENTERPRISE SAL (OFFSHORE)

[2015] BLR 478

FIDIC – Clause 67.1 – Absence of engineer's decision – Notice of arbitration.

PHILPOTT AND ANOTHER (AS JOINT LIQUIDATORS OF WGL REALISATIONS 2010 LTD) v LYCEE FRANCAIS CHARLES DE GAULLE SCHOOL

[2015] BLR 495

Liquidation – Taking of account under rule 4.90 of Insolvency Rules 1986 (SI 1986 No 1925) – Stay under section 9 of Arbitration Act 1996 – Whether any legal proceedings brought by liquidators to ascertain net balance would be stayed – Whether right to adjudicate remained.

ASPECT CONTRACTS (ASBESTOS) LTD v HIGGINS CONSTRUCTION PLC

[2015] BLR 503

Adjudication – Proceedings challenging adjudicator's decision – Cause of action – Implied term of repayment – Unjust enrichment.

HERON BROS LTD v CENTRAL BEDFORDSHIRE COUNCIL (NO 2)

[2015] BLR 514

Judgment handed down – Application to revisit judgment prior to sealing – Principles to be applied. – No authority to conduct litigation – Discretion to cure irregularity.

OBRASCON HUARTE LAIN SA v HER MAJESTY'S ATTORNEY GENERAL FOR GIBRALTAR

[2015] BLR 521

FIDIC – Termination – Unforeseeable ground conditions.

ILIFFE AND ANOTHER v FELTHAM CONSTRUCTION LTD AND OTHERS

[2015] BLR 544

Summary judgment – CPR Part 24.2 – No real prospect of success – Other compelling reason – Fire case – Joinder of third parties – Issues about causation – Third party pleadings not closed – Damages remaining to be assessed in any event.

SAINT GOBAIN BUILDING DISTRIBUTION LTD (T/A INTERNATIONAL DECORATIVE SURFACES) v HILLMEAD JOINERY (SWINDON) LTD

[2015] BLR 555

Sale of goods – Incorporation of standard terms and conditions – Sufficient Notice – Sale of Goods Act 1979 – Implied terms about quality or fitness – Unfair Contract Terms Act 1977, Schedule 2 – Whether standard terms satisfied statutory test of reasonableness.

WOODS BUILDING SERVICES v MILTON KEYNES COUNCIL

[2015] BLR 571

Procurement – Evaluation criteria – Duty of transparency – Duty of fairness and equal treatment – Undisclosed criteria – Manifest error – Role of unsuccessful tenderer's ex-employee in evaluation exercise by authority – Conflict of interest – Use by successful tenderer of competitor's confidential information taken unlawfully.

WOODS BUILDING SERVICES v MILTON KEYNES COUNCIL (NO 2)

[2015] BLR 591

Procurement – Authority in breach of duties of transparency, fairness and equal treatment – Remedy – Corrected evaluation score showed claimant out-scored successful tenderer – Whether court would order authority to contract with claimant – Damages.

PT PERUSAHAAN GAS NEGARA (PERSERO) TBK v CRW JOINT OPERATION (INDONESIA)

[2015] BLR 595

Adjudication – FIDIC Contract Red Book – Clause 20 – Dispute adjudication board – International Arbitration Act 2002 – Partial and interim awards – Provisional awards – Final awards – DAB decision given effect to – Final and binding nature of decisions ad awards – Impact of later Partial Award on merits – International Arbitration Act 2002, section 19B.

NORTHROP GRUMMAN MISSIONS SYSTEMS EUROPE LTD v BAE SYSTEMS (AL DIRIYAH C4I) LTD

[2015] BLR 657

Incorporation of terms – Need to establish intention – Contract to be governed by other contract – Disregard of inappropriate incorporated terms – Factual matrix – Relevance to contract terms.

NH INTERNATIONAL (CARIBBEAN) LTD v NATIONAL INSURANCE PROPERTY DEVELOPMENT COMPANY LTD (NO 1) AND (NO 2)

[2015] BLR 667

FIDIC Contract for Construction 1999 1st Edition â Clause 2.4 Employer's financial arrangements made and maintained â Reasonable evidence to be provided â Termination by contractor for breach of clause 2.4 â Question of fact for arbitrator â Clause 2.5 Employer's rights to set off and cross-claim â Employer's notice and particulars as condition precedent.

PORTSMOUTH CITY COUNCIL v ENSIGN HIGHWAYS LTD

[2015] BLR 675

PFI contract â Highway network â Service points for defaults by contractor â Good faith â Expressed and implied â Contract interpretation â Limited scope of good faith duty â Best Value Duty.

CALEDONIAN MODULAR LTD v MAR CITY DEVELOPMENTS LTD

[2015] BLR 694

Adjudication â Payment applications â Final determination of dispute.

HENIA INVESTMENTS LTD v BECK INTERIORS LTD

[2015] BLR 704

Part 8 proceedings â Interim Application for Payment â Interim Certificate â Pay Less Notice â Payment provisions â JCT Standard Building Contract without Quantities 2011 â Housing Grants, Construction and Regeneration Act 1996 (as amended).

GSK PROJECT MANAGEMENT LTD (IN LIQUIDATION) v QPR HOLDINGS LTD

[2015] BLR 715

Costs Management Order â Precedent/Form H â Costs â Proportionality â Reasonableness â Incurred costs taken into account â Set cost budget.

THE CENTRAL TENDER BOARD v VERNON WHITE (TRADING AS WHITE CONSTRUCTION SERVICES)

[2015] BLR 727

Tender – Public body – Finance (Administration) Act 2008 (Montserrat), section 57 – Procurement and Stores Regulations – Ultra vires – Tender accepted – Time for completion not expressed in tender – Implied contract between tenderers and employer – Duty to act fairly in treatment of tenderers.

OPENVIEW SECURITY SOLUTIONS LTD v MERTON LONDON BOROUGH COUNCIL

[2015] BLR 735

Regulations 47A, C, G to L – Public Contracts Regulations 2006 (as amended) (SI 2006 No 5) – Automatic suspension where alleged breach by contracting authority to economic operator – Application to set aside automatic suspension – Whether damages an adequate remedy.

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