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BUILDING DESIGN PARTNERSHIP LTD v STANDARD LIFE ASSURANCE LTD

[2022] BLR 1

Pleadings – Extrapolation of claims – Strike out application under CPR 3.4(2)(a) and (b).

MANSION PLACE LTD v FOX INDUSTRIAL SERVICES LTD

[2022] BLR 19

Whether there had been agreement to forgo claiming liquidated damages – Whether an extension of time claim had to be determined before a notice of non-completion could be served – Whether liquidated damages were a penalty – Whether the liquidated damages provision was inoperative and unenforceable.

CREST NICHOLSON OPERATIONS LTD AND ANOTHER v GRAFIK ARCHITECTS LTD AND ANOTHER

[2022] BLR 37

Striking out – No reasonable grounds – Abuse of process – Lack of particularity – Failure to disclose reasonable grounds for bringing the claim – Need for information request to be made – Need for expert evidence in support.

CC CONSTRUCTION LTD v MINCIONE

[2022] BLR 48

Application to enforce adjudicator's decision – Part 8 claim for declarations.

DOWNS ROAD DEVELOPMENT LLP v LAXMANBHAI CONSTRUCTION (UK) LTD

[2022] BLR 72

Validity of Payment Notice – Enforceability of adjudicator's decision – Breach of natural justice – Severability of adjudicator's decision.

RUSHBOND PLC v THE JS DESIGN PARTNERSHIP LLP

[2022] BLR 93

Property damage by third parties – Negligence – Duty of care – Omissions – Strike out – Whether arguable case of duty of care – Whether “pure omission” – Exceptions to rule against liability for “pure omissions”.

CDE v NOP

[2022] BLR 108

Arbitration – Confidentiality – Contractual rights – Need for open justice – Hearings in private – CPR 39.2 – CPR 62.10 – Case management conference in private.

NAYLOR AND OTHERS v ROAMQUEST LTD AND ANOTHER

[2022] BLR 119

Amendments to particulars of claim under CPR r 17.1(2)(b) – Striking out – Real prospect of success – Pleading of case on defects.

FAIRGROVE HOMES LTD v MONUMENT TWO LTD

[2022] BLR 140

Construction contracts – Enforcement – Adjudicators’ decisions – Tomlin Orders – Interpretation.

IDEAL SHOPPING DIRECT LTD AND OTHERS v MASTERCARD INCORPORATED AND OTHERS and IDEAL SHOPPING DIRECT LTD AND OTHERS v VISA EUROPE LTD AND OTHERS

[2022] BLR 153

Service – Amendments of claimed forms – Service of unsealed claim forms – Whether outside limitation period – Jurisdiction of the court – CPR Part 7.5 – CPR Part 3.10 – Errors of procedure – Whether capable of rectification.

CAMERON TAYLOR CONSULTING LTD AND ANOTHER v BDW TRADING LTD

[2022] BLR 183

Application to amend after expiry of limitation period – Limitation Act 1980, sections 14B and 35 – Application of CPR 17.4 – Application to substitute a party – Application of CPR 19.5.

MULALLEY & CO LTD v MARTLET HOMES LTD

[2022] BLR 198

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.

EXCESSION TECHNOLOGIES LTD v POLICE DIGITAL SERVICE

[2022] BLR 217

Procurement – Limitation – Time-bar – Whether extension should be granted.

AVANTAGE (CHESHIRE) LTD AND OTHERS v GB BUILDING SOLUTIONS LTD (IN ADMINISTRATION) AND OTHERS

[2022] BLR 244

Damage by fire – Summary judgment – Duty of care – Assumption of responsibility – Economic loss – Physical damage – Acts or omissions.

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

[2022] BLR 268

Adjudication – Adjudicator's fees – Adjudicator resigning – Entitlement to fees – Whether Unfair Contract Terms Act 1977 applied – Bad faith – Whether rate reasonable – Costs.

GEOQUIP MARINE OPERATIONS AG v TOWER RESOURCES CAMEROON SA AND ANOTHER

[2022] BLR 289

Contract sum – Whether late invoice defeated right to be paid – Whether term a condition that made time of the essence – Estoppel by convention – Whether shared assumption sufficiently clear – Whether unequivocal communication that crossed the line – Estoppel by contract – Whether recitals went beyond statement of facts – Guarantee – Whether guarantee discharged by material variation to underlying contract.

TRANSPARENTLY LTD v GROWTH CAPITAL VENTURES LTD

[2022] BLR 319

Mandatory injunction – Serious issue to be tried – High degree of assurance that right will be established – Damages and adequate remedy – Balance of convenience – Least risk of injustice – Application for delivery up of software – Cross undertaking in damages.

BENKERT UK LTD v PAINT DISPENSING LTD

[2022] BLR 330

Limitation of liability – Unfair Contract Terms Act 1977 – Reasonableness.

THE PUBLIC INSTITUTION FOR SOCIAL SECURITY v BANQUE PICTET & CIE SA AND OTHERS

[2022] BLR 349

Judgment – Draft judgment distributed to parties – Embargo on draft judgment – Breach of embargo.

BEXHEAT LTD v ESSEX SERVICES GROUP LTD

[2022] BLR 355

Adjudication – Enforcement – Serial adjudications – Whether same dispute. – Adjudication – Set-off – Contractual terms permitting set-off of adjudications decisions – Contractual terms permitting referral of multiple disputes at one party's election – Conflict with Housing Grants, Construction and Regeneration Act 1996 and Scheme for Construction Contracts. – Adjudication – Stay of execution – Evidence.

VAN OORD UK LTD v DRAGADOS UK LTD

[2022] BLR 373

Adjudication – Natural justice – Need to canvass with parties points not presented by them – Intermediate position between parties’ cases.

THE RUGBY FOOTBALL UNION v CLARK SMITH PARTNERSHIP LTD AND ANOTHER and F M CONWAY LTD v THE RUGBY FOOTBALL UNION AND ANOTHER

[2022] BLR 381

Construction contracts - Insurance - Agency - Interpretation - Contribution - Preliminary issues.

JOHN GRAHAM CONSTRUCTION LTD v TECNICAS REUNIDAS UK LTD

[2022] BLR 402

Adjudication enforcement – Disputed contra charge – Severance of part of adjudicator's decision – Effect of arbitration award overturning earlier adjudicator's decision on matters to be decided in a later adjudication – Waiver of jurisdiction objection.

AIC LTD v FEDERAL AIRPORTS AUTHORITY OF NIGERIA

[2022] BLR 419

Overriding objective – Principle of finality – Relief from sanctions – Enforcement proceedings.

ABBEY HEALTHCARE (MILL HILL) LTD v SIMPLY CONSTRUCT (UK) LLP

[2022] BLR 433

Adjudication – Collateral warranty – Construction contract – Housing Grants, Construction and Regeneration Act 1996, section 104 – Retrospective effect of collateral warranty.

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

[2022] BLR 464

Pleading - Claim for damages - Strike out - Summary judgment on defence - CPR Part 3 and Part 24.

ESSENTIAL LIVING (GREENWICH) LTD v ELEMENTS (EUROPE) LTD

[2022] BLR 473

Part 8 – Adjudication – Extent to which adjudicator's award concerning interim payment is binding in respect of final account and any later adjudication.

MW HIGH TECH PROJECTS UK LTD v GREENHALGH AND OTHERS

[2022] BLR 487

Amendment – Particularity – Consolidation – Strike out – Summary judgment.

INNOVATE PHARMACEUTICALS LTD v UNIVERSITY OF PORTSMOUTH HIGHER EDUCATION CORPORATION LTD

[2022] BLR 501

Security for costs – CPR 25.13 – Relevance of After the Event costs insurance – Policy needs to provide protection – Merits of case and defence.

NATIONAL HOUSE-BUILDING COUNCIL v VASCROFT CONTRACTORS LTD

[2022] BLR 514

Summary judgment – Strike out – CPR 3.4(2)(a) – CPR 24.1 – Test to be applied.

BUCKINGHAM GROUP CONTRACTING LTD v PEEL L&P INVESTMENTS AND PROPERTY LTD

[2022] BLR 528

Liquidated damages clauses – Enforceability – Certainty – Partial possession – Liability caps.

BARCLAY-WATT AND OTHERS v ALPHA PANARETI PUBLIC LTD AND ANOTHER

[2022] BLR 547

Negligent misstatement – Agency – Accessory liability – Personal liability of directors.

NICHOLAS JAMES CARE HOMES LTD v LIBERTY HOMES (KENT) LTD

[2022] BLR 566

Injunctive relief – Adjudicator's decision – Freezing injunction – Whether good arguable case – Jurisdiction to grant order – Exercise of discretion.

SIEMENS MOBILITY LTD v HIGH SPEED TWO (HS2) LTD (BOMBARDIER TRANSPORTATION UK LTD AND HITACHI RAIL LTD, INTERESTED PARTIES)

[2022] BLR 576

Evidence – Expert witnesses – Public procurement – Civil procedure.