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MANCHIKALAPATI AND OTHERS v ZURICH INSURANCE PLC (T/A ZURICH BUILDING GUARANTEE AND ZURICH MUNICIPAL) AND EAST WEST INSURANCE COMPANY LTD
[2020] BLR 1
Defects insurance – Interpretation – Liability caps – Policy exclusions – Excess credit – Interest.
FARRAR AND ANOTHER v RYLATT AND OTHERS
[2020] BLR 42
Principles applicable to an appeal on the facts – Challenging finding of fact of a specialist tribunal – Effect of ambiguity in judgment – Appeal of ex tempore judgment – Effect of “subject to contract” tag.
LJH PAVING LTD v MEERES CIVIL ENGINEERING LTD
[2020] BLR 57
Adjudication – Crystallisation of dispute – Jurisdiction – Part of referred claim arising under another contract – Waiver of jurisdictional challenge.
MEADOWSIDE BUILDING DEVELOPMENTS LTD (IN LIQUIDATION) v 12–18 HILL STREET MANAGEMENT COMPANY LTD
[2020] BLR 65
Adjudication – Jurisdiction – Liquidation – Utility of adjudication proceedings – Exception to approach in Bresco – Considerations. – Adjudicator's decision – Referring party in liquidation – “Agent” of liquidator – Whether agreement champertous – Whether agreement affects enforcement. – Adjudicator's decision – Summary judgment – Stay of execution.
ALSTOM TRANSPORT UK LTD v NETWORK RAIL INFRASTRUCTURE LTD AND SIEMENS MOBILITY LTD, INTERESTED PARTY
[2020] BLR 95
Public procurement – Lifting of automatic suspension Utilities Contracts Regulations 2016 (SI 2016 No 274).
ISG CONSTRUCTION LTD v ENGLISH ARCHITECTURAL GLAZING LTD
[2020] BLR 106
Part 8 proceedings – Declarations sought – Adjudication – Sums ordered by adjudicator paid by party seeking declarations – Nature of declarations sought – Whether court should make declarations.
VVB M&E GROUP LTD AND VVB ENGINEERING (UK) LTD v OPTILAN (UK) LTD
[2020] BLR 123
Construction contracts – Vesting of title to goods linked to interim payment – Ambiguity in terms of Vesting Certificates – Conflict with terms of sub-subcontract as to vesting of materials.
MUNICH RE CAPITAL LTD (SUING AS THE SOLE CORPORATE MEMBER OF MUNICH RE SYNDICATE 457 AT LLOYD’S) v ASCOT CORPORATE NAME LTD (AS SOLE CORPORATE MEMBER OF LLOYD’S SYNDICATE 1414)
[2020] BLR 140
Reinsurance – Proper construction – Construction where circumstances not objectively envisaged at time of contracting.
MANN AND ANOTHER v PATERSON CONSTRUCTIONS PTY LTD
[2020] BLR 156
Restitution – Unjust enrichment – Termination – Whether contractor entitled to recover restitution as alternative to claim for damages for breach of contract – Whether contract price operates as ceiling on amount of restitution recoverable.
LEJONVARN v BURGESS AND ANOTHER
[2020] BLR 187
Costs – Indemnity costs – Part 36 offer – Costs budget.
JOHN INNES FOUNDATION AND OTHERS v VERTIV INFRASTRUCTURE LTD (FORMERLY EMERSON NETWORK POWER LTD)
[2020] BLR 206
Striking out claim – Fire – Freeholder – Tenants – Duty of care – Maintenance company – Reliance – Proximity – Assumption of responsibility – Irrelevance of insurance – Fire Regulations responsibilities.
MPB v LGK
[2020] BLR 222
Challenge to award under section 67(1)(a) of the Arbitration Act 1996 – Allegation of a lack of jurisdiction – Allegations of absence of arbitration agreement – Incorporation of standard terms – Reliance on incorporation in a previous adjudication – Approbation and reprobation.
GOLDMAN AND OTHERS v ZURICH INSURANCE PLC AND ANOTHER
[2020] BLR 236
Abuse of process – Previous proceedings – Strike out application – Claim in fraud against different defendant – Fraud claim made in original proceedings against different defendant – Whether new claim could and/or should have been brought in earlier proceedings – Requirements to plead fraud – Whether new claim should proceed to trial.
HOCHTIEF (UK) CONSTRUCTION LTD AND ANOTHER v ATKINS LTD
[2020] BLR 260
Consequences of claimant's Part 36 offer – CPR 36.17 – Consequential orders – Whether unjust to make orders sought – Whether issue based or proportional cost order appropriate – Increase of costs above approved cost budget – Payment on account of costs – CPR 44.2(8).
JALLA AND OTHERS v ROYAL DUTCH SHELL PLC AND OTHERS
[2020] BLR 267
Oil spills off Nigerian coast – Claims by coastal residents and communities – Negligence and nuisance – Substitution of party – Amendment – Limitation – New evidence – Deliberate concealment – Estoppel by convention – Substitution of new party where party named was a mistake – CPR r 19.5.3(a) – Service out of jurisdiction – Overlapping cases in Nigeria – Whether a stay of English proceedings necessary – Material non-disclosure.
YUANDA (UK) COMPANY LTD v MULTIPLEX CONSTRUCTION EUROPE LTD (FORMERLY KNOWN AS BROOKFIELD MULTIPLEX CONSTRUCTION EUROPE LTD) AND ANOTHER
[2020] BLR 320
Whether guarantee a performance or on-demand bond – Requirements for valid call on bank as guarantor – Continuation or discharge of interim injunction.
BLACKPOOL BOROUGH COUNCIL v VOLKERFITZPATRICK LTD AND OTHERS
[2020] BLR 340
Expert evidence – Interlocutory application for expert evidence to be excluded as inadmissible for lack of independence – Whether giving unilateral instructions to testing house was breach of expert's duties under CPR Part 35 – Whether jointly instructed testing house was single joint expert – Whether expert had duty to notify counterparts of tests it had procured.
PBS ENERGO AS v BESTER GENERACION UK LTD
[2020] BLR 355
Adjudication enforcement – Allegations of fraud emerging after the adjudication – Whether the pleading out of allegations of fraud in a Defence is a condition precedent to raising such allegations – Whether in the absence of a Defence pleading fraud the correct course is to enforce with the option of staying execution.
C SPENCER LTD v M W HIGH TECH PROJECTS UK LTD
[2020] BLR 364
Adjudication – Construction operations – Non-construction operations – Payment notice – No need to differentiate the operations. – Housing Grants, Construction and Regeneration Act 1996 (as amended), sections 104, 105, 108, 110, 110A, 111 and 114. – IChemE Form of Contract for Civil Engineering subcontract.
ENDURANCE CORPORATE CAPITAL LTD v SARTEX QUILTS AND TEXTILES LTD
[2020] BLR 379
Insurance – Damages – Property damage – Measure of loss – Reinstatement – Intention to reinstate – Betterment.
HUDSON CONTRACT SERVICES LTD v THE CONSTRUCTION INDUSTRY TRAINING BOARD
[2020] BLR 396
Industrial Training Act 1982 – Industrial Training (Construction Board) Order 1964 (SI 1964 No 1079) – Industrial Training Levy (Construction Industry Training Board) Order 2015 (SI 2015 No 701) – Construction Industry Training Board Levy – Company contracting with self-employed operatives to carry out construction activities for others – Whether company is an “employer in the construction industry” – Whether head office is a “construction establishment”.
LUNGOWE AND OTHERS v VEDANTA RESOURCES PLC AND ANOTHER
[2020] BLR 410
Group litigation order – Relevant principles in decision whether to order proceedings to be heard together under a GLO – Exercise of case management powers under CPR Part 19 and PD19B.
MUNCIPIO DE MARIANA AND OTHERS v BHP GROUP PLC (FORMERLY BHP BILLITON)
[2020] BLR 421
Application to adjourn hearing date – Principles to be applied when delay caused by difficulties resulting from Covid-19 outbreak – Whether remote hearing appropriate.
HALL (IN HIS OWN RIGHT AND AS ASSIGNEE OF 1ST CLASS LEGAL (IS) LTD) v SAUNDERS LAW LTD AND OTHERS
[2020] BLR 445
Litigation funding – Duties upon solicitors to advise funder – Terms of funding agreement – Tort of deceit.
DOWMAN IMPORTS LTD v 2 TOOBZ LTD
[2020] BLR 465
Unjust enrichment – Restitution – Services rendered in anticipation of a contract that does not materialise – Services requested or accepted – Services without end products – Incontrovertible benefits – Claim for restitution in respect of services rendered by a third party.
WEST KOWLOON CULTURAL DISTRICT AUTHORITY v AIG INSURANCE HONG KONG LTD
[2020] BLR 485
Bonds – Formalities of demand – Allegations of fraudulent demand – Bona fide opinion of default and amount of loss.
BRESCO ELECTRICAL SERVICES LTD (IN LIQUIDATION) v MICHAEL J LONSDALE (ELECTRICAL) LTD
[2020] BLR 497
Adjudication claim bought by liquidator – Effects of set-off under the Insolvency (England and Wales) Rules 2016 (SI 2016 No 1024) on adjudicator's jurisdiction to determine dispute – Whether injunction should be granted to restrain further continuation of the adjudication – Right to refer disputes under section 108 of the Housing Grants, Construction and Regeneration Act 1996 by insolvent party.
TAYLOR WIMPEY UK LTD v HARRON HOMES LTD
[2020] BLR 514
Pre-action disclosure – CPR 31.16 – Expert determination process in contract – Documents available in such process – Prior pre-action protocol process – Documents not sought in that process – Likelihood or not of litigation disclosure stage ever being reached – Non-engagement in agreed ADR process – Discretion.
ISG CONSTRUCTION LTD v PLATFORM INTERIOR SOLUTIONS LTD
[2020] BLR 525
Adjudication – Enforcement adjudicator's decision – CPR Part 8 – Hutton exceptions – Interrelationship between adjudication enforcement and consideration of legal issues under Part 8.
J & B HOPKINS LTD v TRANT ENGINEERING LTD
[2020] BLR 534
Adjudication enforcement – The “correction principle” that interim payments can be corrected in the next payment cycle – Effect of subsequent payment cycles on no pay less notice adjudication decision.
ORAN ENVIRONMENTAL SOLUTIONS LTD AND ANOTHER v QBE INSURANCE (EUROPE) LTD AND ANOTHER
[2020] BLR 544
Claim form – Service within jurisdiction – Methods of service – Service by email – Service on solicitors – Consent orders extending time for service – Whether claim form effectively served during temporal validity – Application for extension of time for service of the claim form.
EMPYREAL ENERGY LTD v DAYLIGHTING POWER LTD
[2020] BLR 555
Expert determination – Jurisdiction of expert – Contract determines matters referable to Expert – Substance of Referral Notice.
NAZIRALI SHARIF TEJANI v FITZROY PLACE RESIDENTIAL LTD AND ANOTHER
[2020] BLR 571
Pleadings – Statement of case – Civil Procedure Rules Part 3.4.2(a) and 3.4.2(b).
KEW HOLDINGS LTD v DONALD INSALL ASSOCIATES LTD
[2020] BLR 578
Application for strike-out – Alleged abuse of process to bring proceedings without first paying adjudication award in respect of the same subject matter – Non-payment of adjudicator's decision and court order enforcing it constitutes unreasonable and oppressive behaviour – Stay of proceedings pending payment.
RUSHBOND PLC v THE JS DESIGN PARTNERSHIP LLP
[2020] BLR 587
Fire damage – Duty of care – Obligations of visitor to property owner to prevent loss caused by third party – Strike-out under CPR 3.4(2) – RSC 24.1 summary judgment.
LANE END DEVELOPMENTS CONSTRUCTION LTD v KINGSTONE CIVIL ENGINEERING LTD
[2020] BLR 599
Adjudication – Scheme for Construction Contracts – Jurisdiction – Request for appointment of adjudicator – Later Notice of Adjudication – Covert recording – Admissibility – Procedural unfairness – Human Rights – General Data Protection Regulation – Election – Waiver.
WRW CONSTRUCTION LTD v DATBLYGAU DAVIES DEVELOPMENTS LTD
[2020] BLR 623
Adjudication – Final account – Enforcement of declaration of final account value in favour of responding party – Whether further adjudication required – Stay of execution.
ENGIE FABRICOM (UK) LTD v MW HIGH TECH PROJECTS UK LTD
[2020] BLR 631
Adjudication – Jurisdiction – Primary activity power generation or waste treatment – Housing Grants, Construction and Regeneration Act 1996, section 105(2)(c).
JIANGSU GUOXIN CORPORATION LTD (FORMERLY KNOWN AS SAINTY MARINE CORPORATION LTD) v PRECIOUS SHIPPING PUBLIC CO LTD
[2020] BLR 653
Arbitration appeal – Arbitration Act 1996, section 69 – Prevention principle – Whether contract provided for buyer's breach – Entitlement to extension of time.
JOHN DOYLE CONSTRUCTION LTD (IN LIQUIDATION) v ERITH CONTRACTORS LTD
[2020] BLR 671
Adjudication – Enforcement of adjudicator's decision – Enforcing party in liquidation – Cross-claims – Summary judgment – Stay of execution.
DAEWOO SHIPBUILDING AND MARINE ENGINEERING COMPANY LTD v SONGA OFFSHORE EQUINOX LTD AND SONGA OFFSHORE ENDURANCE LTD
[2020] BLR 701
Arbitration – Challenge to arbitral awards – Permission to appeal under Arbitration Act 1996, section 69 – Serious irregularity under Arbitration Act 1996, section 68.
ESSEX COUNTY COUNCIL v UBB WASTE (ESSEX) LTD
[2020] BLR 729
Costs – Validity of Part 36 offer – Whether judgment at least as advantageous as offer – Indemnity costs – Reduction to reflect partial success in litigation. – Interest on damages.
ENERGY WORKS (HULL) LTD v MW HIGH TECH PROJECTS UK LTD AND OTHERS
[2020] BLR 747
Assignment - Contractual rights - Whether benefit of rights accrued prior to assignment are transferred - Whether purported assignment takes effect as novation - Contribution - Civil Liability (Contribution) Act 1978 - Termination - Delay - Defects - Cost of completion - Whether “same damage” - Civil procedure - Preliminary issues
KEADBY GENERATION LTD v PROMANEX (TOTAL FM & ENVIRONMENT SERVICES) LTD AND ANOTHER
[2020] BLR 771
Amendments – Late application – Principles applicable to late amendments – Explanation for not applying earlier – Strength of the new case – No prejudice to the other party.