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BECK INTERIORS LTD v RUSSO

Guarantee — Discharge by material variation in terms of principal contract — Surety consenting to alterations — Conditional nature of guarantee — Whether guarantor bound by adjudicator’s decision

[2010] BLR 37

SG SOUTH LTD v KING’S HEAD CIRENCESTER LLP AND ANOTHER

Adjudication — Enforcement — Fraud — Claims on certificates — Fraud raised in adjudication — Same fraud raised on enforcement — Clear evidence and argument required — Fraud going to subject matter of dispute — Stay of execution

[2010] BLR 47

NAYLOR CONSTRUCTION SERVICES LTD v ACOUSTAFOAM LTD

Adjudication — Enforcement — Jurisdiction — Agreement in writing — Housing Grants, Construction and Regeneration Act 1996, section 107 — Test to be applied where agreement alleged to be oral, or partly oral and partly written.

[2010] BLR 183

VECTOR INVESTMENTS v J D WILLIAMS

CPR Part 44.3 — Liability for Costs — Determination of liability for costs after compromise of proceedings — Principles to be applied — Relevance of settlement sum

[2010] BLR 195

HI-LITE ELECTRICAL LIMITED v WOLSELEY UK LIMITED

Earlier proceedings — Effect of judgment on later proceedings — Different parties to later proceedings — Issue estoppel — Unfairness in later proceedings — Non-admissions on causation in later proceedings

[2010] BLR 225

SPEYMILL CONTRACTS LIMITED v BASKIND

Adjudication — Enforcement of adjudicator’s decision — Fraud — Allegation of fraud by defendant — Alleged theft of withholding notices by claimant — Whether agreement that adjudicator should not consider theft — Whether adjudicator did consider theft — Approach of Court on enforcement proceedings

[2010] BLR 257

WILLIAM HARE LIMITED v SHEPHERD CONSTRUCTION LIMITED and C R REYNOLDS (CONSTRUCTION) LIMITED v SHEPHERD CONSTRUCTION LIMITED

Housing Grants, Construction and Regeneration Act 1996, section 113(1) — “Pay when paid” provisions activated upon insolvency of employer — Contractual “pay when paid” clause activated upon the making of an administration order — Whether clause to be construed to encompass self certified administration pursuant to Insolvency Act 1986 Part II schedule B1

[2010] BLR 358

MENTMORE TOWERS LTD & OTHERS v PACKMAN LUCAS LTD

Adjudication — Injunction to restrain — Failure by party to comply with earlier adjudication decision and judgment thereon — Subsequent proceedings by that party stayed — Party commenced adjudications — Whether that party should be restrained by injunction from proceeding with adjudications

[2010] BLR 393

YUANDA (UK) CO LTD v WW GEAR CONSTRUCTION LTD

Adjudication — Contract terms — JCT Trade Contract amended — Adjudication provision — Trade Contractor to pay its own and Employer’s costs of adjudication — Validity of such provision — Unfair Contract Terms Act 1977 — Standard terms meaning — International supply contract — Late Payment of Commercial Debts (Interest) Act 1998 — Substantial remedy in contract for interest — More than two parties in adjudication.

[2010] BLR 435

CITY INN LTD v SHEPHERD CONSTRUCTION LTD

Concurrent delay — Extension of time — Fair and reasonable extension — How to assess — Apportionment between relevant and other events — Clause 25 of JCT standard form (private with quantities) 1980 edition.

[2010] BLR 473

LEE v CHARTERED PROPERTIES (BUILDING) LTD

Adjudication — Enforcement — Decision delivered out of time — Settlement of claims — Submission of request for appointment of adjudicator prior to notice of adjudication.

[2010] BLR 500

CLARKE QUARRIES LTD v PT McWILLIAMS LTD

Adjudication — Contractual agreement — Dispute resolution clause — Adjudication followed by arbitration — Concurrent adjudication and arbitration permissible.

[2010] BLR 520

MBE ELECTRICAL CONTRACTORS LTD v HONEYWELL CONTROL SYSTEMS LTD

Arbitration — Adjudication enforcement — Application to stay enforcement proceedings to arbitration — Whether enforcement dispute that required to be referred to arbitration — Housing Grants Construction and Regeneration Act 1996 — Arbitration Act 1996.

[2010] BLR 561