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SEADRILL GHANA OPERATIONS LTD v TULLOW GHANA LTD
[2019] BLR Plus 1
Force majeure - Approach where two events preventing performance of employer's obligations - Causation - Whether termination of contract for convenience.
S&T (UK) LTD v GROVE DEVELOPMENTS LTD
[2019] BLR Plus 2
Adjudication - Housing Grants, Construction and Regeneration Act 1996, sections 108 to 111 - Pay Less Notices - Interpretation of Notices - Definition of "specify" the basis on which sum is calculated - Entitlement of Employer to adjudicate on correct value of interim payment entitlement - Need for Employer to pay sum decided by adjudicator as due before it so adjudicates - Standard JCT Design and Build Contract 2011 contract - Timing between liquidated damages notices.
WHEELDON BROTHERS WASTE LTD v MILLENNIUM INSURANCE COMPANY LTD
[2019] BLR Plus 3
Appeal - Permission to appeal - CPR Part 52.6(1) - Permission to appeal on findings of fact - Test generally - Test in respect of findings in the Technology and Construction Court.
BOMBARDIER TRANSPORT UK LTD v HITACHI RAIL EUROPE LTD AND OTHERS (SIEMENS MOBILITY LTD, INTERESTED PARTY)
[2019] BLR Plus 4
Utilities Contracts Regulations 2006 (SI 2006 No 6) - Adequacy of damages - Balance of convenience - Expedited trial.
ARCADIS CONSULTING (UK) LTD (FORMERLY CALLED HYDER CONSULTING (UK) LTD) v AMEC (BCS) LTD (FORMERLY CALLED CV BUCHAN LTD)
[2019] BLR Plus 5
Contract formation - Acceptance by conduct - Letter of intent - Interpretation - Incorporation of terms - Limitation of liability clause.
UNIVERSITY OF WARWICK v BALFOUR BEATTY GROUP LTD
[2019] BLR Plus 6
Contractual interpretation - Practical completion - Sectional completion.
NATIONAL BANK OF KAZAKHSTAN AND ANOTHER v THE BANK OF NEW YORK MELLON SA/NV, LONDON BRANCH AND OTHERS
[2019] BLR Plus 7
Service out of the jurisdiction - Whether serious issue to be tried - Whether matter in dispute referred by Belgian court to English court - Application of res judicata/abuse of process - Whether English courts forum conveniens - Whether fifth defendant a third party for the purposes of article 6(2) of the Brussels Convention 1968.
SYNERGY GAS SERVICES LTD v NORTHERN GAS HEATING LTD
[2019] BLR Plus 8
Adjudication - Enforcement - Natural justice.
CHERN v APILOA CORPORATION AND ANOTHER
[2019] BLR Plus 9
Technology and Construction Court - Transfer - Claims appropriate for a High Court TCC judge - Adjudication matters - Adjudicators' fee claims.
GOSVENOR LONDON LTD v AYGUN ALUMINIUM UK LTD
[2019] BLR Plus 10
Adjudication enforcement - Stays of enforcement - Applicable principles where real risk of dissipation of adjudication sum before final judgment - Applicable principles regarding fraud allegations raised to support stay application.
NDOLE ASSETS LTD v DESIGNER M&E SERVICES UK LTD
[2019] BLR Plus 11
Civil procedure - Statutory interpretation - Conduct of litigation - Reserved legal activities - Service of claim form - Consequence of service by an unqualified person
SKYMIST HOLDINGS LTD v GRANDLANE DEVELOPMENTS LTD
[2019] BLR Plus 12
Part 8 proceedings - Adjudication - Jurisdiction - Nomination of adjudicator - Approbation and reprobation
GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA
[2019] BLR Plus 13
Arbitration award - Enforcement - State Immunity Act 1978, section 12 - State immunity - CPR r 62.18 - Service through UK Foreign and Commonwealth Office - Section 12 mandatory - Service cannot be dispensed with
AGRO INVEST OVERSEAS LTD v STEWART MILNE GROUP LTD AGRO INVEST OVERSEAS LTD v MORGAN ASSOCIATES AGRO INVEST OVERSEAS LTD v ROBERT TREMBATH T/A TREMBATH ASSOCIATES
[2019] BLR Plus 14
Prescription - Practical completion - Awareness of loss and damage - Induced error - Relevant acknowledgement of obligation
AXIS M&E UK LTD AND ANOTHER v MULTIPLEX CONSTRUCTION EUROPE LTD
[2019] BLR Plus 15
Adjudication enforcement - Scheme for Construction Contracts - Slip rule - Scope of error corrected
M DAVENPORT BUILDERS LTD v GREER AND ANOTHER
[2019] BLR Plus 16
Adjudication - Enforcement - Reliance on "true value" adjudication
SANDERSON LTD v SIMTOM FOOD PRODUCTS LTD
[2019] BLR Plus 17
Contract for the supply of goods and services - Renunciation - Equitable forbearance - Recovery of instalment of contract price
AQABA CONTAINER TERMINAL (PVT) CO v SOLETANCHE BACHY FRANCE SAS
[2019] BLR Plus 19
Anti-suit injunction - Construction contract for works in Jordan - Termination and repudiation issues - ICC Arbitration in London - Award issued against Contractor - Jordanian proceedings seeking unconstitutionality declaration relating to letting of Construction contract - Strong reasons not to grant anti-suit injunction - Court's discretion
BRESCO ELECTRICAL SERVICES LTD (IN LIQUIDATION) v MICHAEL J LONSDALE (ELECTRICAL) LTD CANNON CORPORATE LTD v PRIMUS BUILD LTD
[2019] BLR Plus 20
Adjudication – Jurisdiction of adjudicator when referring party in insolvent liquidation – Injunction to restrain adjudication from proceeding due to insolvent liquidation – General reservations and waiver – Summary judgment and stay of execution where claimant subject to CVA.
BILLINGFORD HOLDINGS LTD AND BFL TRADE LTD v SMC SOLUTIONS LTD AND ANOTHER
[2019] BLR Plus 21
Adjudication - Injunctions to restrain adjudication - Jurisdictional challenges - Very rare exercise of discretion - Run of the mill challenges.
HARBOUR CASTLE LTD v DAVID WILSON HOMES LTD
[2019] BLR Plus 22
Pleadings - Strike out of earlier action - Abuse of process - Change in test concerning stifling of claim by order for security - Evidence.
MEARS LTD v COSTPLAN SERVICES (SOUTH EAST) LTD AND OTHERS
[2019] BLR Plus 23
Practical completion - Patent defects - Whether clause prevents certification of practical completion - Whether defect is "trifling" or de minimis - Effect on practical completion of whether defect is capable of economic remedy.
DONALD INSALL ASSOCIATES LTD v KEW HOLDINGS LTD
[2019] BLR Plus 24
Adjudication - Jurisdiction of adjudicator - Challenge based on identity of contracting party - Challenge based on no crystallised dispute - Challenge based on the requirement for writing in Housing Grants, Construction and Regeneration Act 1996, section 107.
TRIPLE POINT TECHNOLOGY INC v PTT PUBLIC COMPANY LTD
[2019] BLR Plus 25
Liquidated damages for delay where work not completed - Damages a penalty - Operation of liquidated damages provision after termination - Operation of contractual cap on damages - Meaning of exclusion from operation of cap of liability resulting from "negligence".
THOMAS AND ANOTHER v TAYLOR WIMPEY DEVELOPMENTS LTD AND OTHERS
[2019] BLR Plus 26
Tort - Negligence - Duty of care - Pure economic loss - Claims against contractor - Known dangerous defects - Whether claim available for cost of rectifying defects posing danger to persons other than the occupant
GRANDLANE DEVELOPMENTS LTD v SKYMIST HOLDINGS LTD
[2019] BLR Plus 27
Adjudication enforcement - Allegations of fraud tainting decision
LUNGOWE AND OTHERS v VEDANTA RESOURCES PLC AND ANOTHER
[2019] BLR Plus 28
Jurisdiction - Whether claims by Zambian Nationals should be brought in England - Recast Brussels Regulation - Abuse of EU law - Whether claim disclosed a real issue to be tried against Vedanta - Proper place for bringing claim - Whether Substantial Justice available if claims tried in Zambia
PBS ENERGO AS v BESTER GENERACION UK LTD
[2019] BLR Plus 29
Adjudication - Summary judgment - Fraud - Decision procured by fraud - Whether induced decision of adjudicator - Whether summary judgment should be granted
THE LESSEES AND MANAGEMENT COMPANY OF HERONS COURT v HERONSLEA LTD AND OTHERS
[2019] BLR Plus 30
Defective Premises Act 1972 - "Taking on work for or in connection with the provision of a dwelling" - Approved building inspector - Strike out
CALONNE CONSTRUCTION LTD v DAWNUS SOUTHERN LTD
[2019] BLR Plus 31
Part 36 - Validity of offer - Counterclaim yet to be pleaded - Provision as to the rate of interest to be charged after the end of the relevant period
P v D AND OTHERS
[2019] BLR Plus 32
Arbitration - Arbitration Act 1996, section 68 - Fairness and impartiality - Loan agreement - Extensions allegedly agreed by oral agreement - No relevant documentary evidence - Only witness evidence available - Challenge on key evidential differences needed in cross-examination - Serious irregularity - Substantial injustice
INDIGO PROJECTS LONDON LTD v RAZIN AND ANOTHER
[2019] BLR Plus 33
Adjudication - Insolvency - Company Voluntary Arrangement ("CVA") - Enforcement of adjudicator's decision issued before enforcing company enters into a CVA - Partial and full stays of enforcement - Payment into court of amount determined by adjudicator
RGB P&C LTD v VICTORY HOUSE GENERAL PARTNER LTD
[2019] BLR Plus 34
Adjudication enforcement - Summary judgment - Breach of natural justice - Allegation that adjudicator decided the matter on a basis not advanced by or canvassed with the parties - Allegation of failure to consider a defence
AMEY HIGHWAYS LTD v WEST SUSSEX COUNTY COUNCIL
[2019] BLR Plus 35
Public procurement - Abandonment of procurement - Whether abandonment lawful - Whether abandonment extinguished damages claim by unsuccessful tenderer - Whether unsuccessful tenderer had suffered loss and damage even though procurement abandoned
AEW EUROPE LLP AND OTHERS v BASINGSTOKE AND DEANE BOROUGH COUNCIL (NEWRIVER LEISURE LTD, INTERESTED PARTY)
[2019] BLR Plus 36
Public Contract Regulations 2006 (SI 2006 No 5) - Public procurement - Declaration of ineffectiveness - Whether contract departs from that sought by OJEU Notice
NETWORK RAIL INFRASTRUCTURE LTD v ABC ELECTRIFICATION LTD
[2019] BLR Plus 37
Interpretation - ICE Conditions of Contract (Target Cost Version) - Amendments to standard form - Meaning of "default on the part of the contractor"
COREBUILD LTD v CLEAVER AND ANOTHER
[2019] BLR Plus 38
Adjudication - Error of fact or law in decision - Proper approach - Natural justice - No evidence or submission on determinative point - Stay of execution - Insolvency
ENGIE FABRICOM UK LTD v MW HIGH TECH PROJECTS UK LTD
[2019] BLR Plus 39
Adjudication - Jurisdiction - Summary judgment - Power generation
BABCOCK MARINE (CLYDE) LTD v HS BARRIER COATINGS LTD
[2019] BLR Plus 40
Adjudication - Jurisdiction of court - Scottish contract - Proceedings to enforce adjudicator's decision in England - Civil Jurisdiction and Judgments Act 1982, section 16 and Schedule 4 – Section 49 English court's discretion to stay proceedings in favour of more suitable jurisdiction within UK - Country of closest connection
AIC LTD v THE FEDERAL AIRPORTS AUTHORITY OF NIGERIA
[2019] BLR Plus 41
Arbitration - Enforcement of award - New York Convention - Arbitration Act 1996, section 103 - Application to set aside award in another country - Adjournment of enforcement proceedings - Practice - Security for costs on adjournment
OHPEN OPERATIONS UK LTD v INVESCO FUND MANAGERS LTD
[2019] BLR Plus 42
Contractual dispute resolution procedure - Stay of proceedings - Referral to mediation
SUMITOMO MITSUI BANKING CORPORATION EUROPE LTD v EULER HERMES EUROPE SA (NV)
[2019] BLR Plus 43
Performance Bond - Retention Bond - Assignment - Validity of demand(s) - Declarations
GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA
[2019] BLR Plus 44
Arbitration award - Enforcement against State - State Immunity Act 1978, section 12 - CPR r 62.18 - Service through UK Foreign and Commonwealth Office - Whether Service can be dispensed with
SOLARIA ENERGY UK LTD v DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY
[2019] BLR Plus 45
Claim for loss resulting from unlawful action in accordance with section 8 of the Human Rights Act 1998 - Allegations of unjustified interference with peaceful enjoyment of possessions contrary Article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 ("A1P1") - Meaning of "A1P1 possessions" - Interpretation and application of limitation defence under section 7(5) of the Human Rights Act 1998
DOOSAN ENPURE LTD v INTERSERVE CONSTRUCTION LTD
[2019] BLR Plus 46
Joint venture agreement - Payment provisions - Proper construction - NEC3 - Clause 53 - Painshare provision
C SPENCER LTD v MW HIGH TECH PROJECTS UK LTD
[2019] BLR Plus 47
Adjudication - Construction operations - Non-construction operations - Housing Grants, Construction and Regeneration Act 1996 (as amended) - Sections 104, 105, 108, 110, 110A, 111 and 114 - Payment notice - No need to differentiate the operations - IChemE Form of Contract for Civil Engineering subcontract
BENNETT (CONSTRUCTION) LTD v CIMC MBS LTD (FORMERLY VERBUS SYSYTEMS LTD)
[2019] BLR Plus 48
Housing Grants, Construction and Regeneration Act 1996 - Local Democracy, Economic Development and Construction Act 2009 - Stage payments - Adequacy of payment mechanism for determining what payments become due and when - Stage payments triggered by “sign-off” - Incorporation of terms from the Scheme for Construction Contracts
THE LESSEES AND MANAGEMENT COMPANY OF HERONS COURT v HERONSLEA LTD AND OTHERS
[2019] BLR Plus 49
Defective Premises Act 1972 - "Taking on work for or in connection with the provision of a dwelling" - approved building inspector - Strike out