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HUBER AND ANOTHER v X-YACHTS (GB) LTD AND ANOTHER

Remote hearing – Trial – Parties and witnesses outside the jurisdiction – Video only hearing – Courts Act 2003, section 85A and 85B – Senior Courts Act 1981, section 71 – Conditions to broadcast proceedings.

[2021] BLR 54

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

Statements of case – Strike out – Sampling and extrapolation of breaches – Inference – Res ipsa loquitur – Global claims – Burden of proof – Abuse of process – Expert evidence in support of professional negligence allegations.

[2021] BLR 126

AQUA LEISURE INTERNATIONAL LTD v BENCHMARK LEISURE LTD

Adjudication – Subsequent agreement – “Subject to contract” – Whether award could be enforced. – Costs – Late Payment of Commercial Debts (Interest) Act 1998 – Costs awarded by adjudicator – Whether enforceable.

[2021] BLR 150

LARGE v HART AND ANOTHER

Damages – Negligent – Negligent survey – Failure to advise and provide information – Measure of loss.

[2021] BLR 189

TRW LTD v PANASONIC INDUSTRY EUROPE GMBH AND ANOTHER

Jurisdiction – Recast Brussels I Regulation (Regulation No 1215/2012/EU) – Jurisdiction agreements – Contract formation – Battle of the forms – Lis alibi pendens – Stay of proceedings to avoid the risk of irreconcilable judgments.

[2021] BLR 204

CLIN v WALTER LILY & CO LTD

Construction – Demolition works – Planning – Conservation areas – JCT Contracts – Appeals.

[2021] BLR 259

MOTACUS CONSTRUCTIONS LTD v PAOLO CASTELLI SPA

Construction contract – Adjudication enforcement – Summary judgment – Whether jurisdiction of English court ousted by foreign exclusive jurisdiction clause – 2005 Hague Convention, articles 6(c) and 7.

[2021] BLR 293

MARTLET HOMES LTD v MULALLEY & CO LTD

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.

[2021] BLR 307

NAYLOR AND OTHERS v ROAMQUEST LTD AND ANOTHER

Striking out – CPR 3.4(2)(a) and (b) – Summary judgment – CPR 24.2 – Principles applicable – No realistic prospect of success – No mini-trial to be conducted – Consider evidence before court as well as that expected at trial – Capital diminution after remedial works reflecting stigma.

[2021] BLR 330

MOTT MACDONALD LTD v TRANT ENGINEERING LTD

Exclusion and limitation clauses – Net contribution clauses – Interpretation – Scope of application – Whether applicable to “fundamental”, “wilful” or “deliberate” breaches.

[2021] BLR 440

PRATER LTD v JOHN SISK & SONS (HOLDINGS) LTD

Adjudication – Summary judgment – Jurisdiction – More than one dispute – Effect of alleged lack of jurisdiction in earlier decision on later decision based in part on earlier decision.

[2021] BLR 474

PERFORM CONTENT SERVICES LTD v NESS GLOBAL SERVICES LTD

Brussels Recast Regulation – Lis pendens – Article 33 – Stay in favour of courts of non-member state – Article 25 – Non-exclusive jurisdiction agreements – Whether “jurisdiction is based on article 4” – Whether stay “necessary for the proper administration of justice”.

[2021] BLR 485

DANA UK AXLE LTD v FREUDENBERG FST GMBH

Trial – Expert evidence – Failure by expert to comply with CPR Part 35 – Application to dismiss whole of expert's evidence as a consequence – Breaches of court order and expert duties – Expert evidence excluded.

[2021] BLR 500

MAYPOLE DOCK LTD v CATALYST HOUSING LTD

Interim relief – Injunction – Court proceedings under way seeking damages for breach of Overage Agreement – Defendant seeking to commence expert determination under contractual provisions in Overage Agreement.

[2021] BLR 534

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

Adjudication – Adjudicator's fees claimed in circumstances where he resigned – Adjudicator's resignation due to issue on jurisdiction not raised by the parties – Whether a breach of contract by the adjudicator disentitling him to his fees.

[2021] BLR 542