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FARRAR AND ANOTHER v RYLATT AND OTHERS

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.

[2020] BLR 42

MEADOWSIDE BUILDING DEVELOPMENTS LTD (IN LIQUIDATION) v 12–18 HILL STREET MANAGEMENT COMPANY LTD

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.

[2020] BLR 65

MANN AND ANOTHER v PATERSON CONSTRUCTIONS PTY LTD

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.

[2020] BLR 156

MPB v LGK

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.

[2020] BLR 222

GOLDMAN AND OTHERS v ZURICH INSURANCE PLC AND ANOTHER

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.

[2020] BLR 236

HOCHTIEF (UK) CONSTRUCTION LTD AND ANOTHER v ATKINS LTD

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).

[2020] BLR 260

JALLA AND OTHERS v ROYAL DUTCH SHELL PLC AND OTHERS

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.

[2020] BLR 267

BLACKPOOL BOROUGH COUNCIL v VOLKERFITZPATRICK LTD AND OTHERS

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.

[2020] BLR 340

PBS ENERGO AS v BESTER GENERACION UK LTD

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.

[2020] BLR 355

C SPENCER LTD v M W HIGH TECH PROJECTS UK LTD

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.

[2020] BLR 364

HUDSON CONTRACT SERVICES LTD v THE CONSTRUCTION INDUSTRY TRAINING BOARD

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”.

[2020] BLR 396

DOWMAN IMPORTS LTD v 2 TOOBZ LTD

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.

[2020] BLR 465