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LW INFRASTRUCTURE PTE LTD v LIM CHIN SAN CONTRACTORS PTE LTD

Time at large — Liquidated damages — Delay to progress — No delay to completion caused by employer’s breaches — Termination of sub-contractor’s employment — Accrued rights to liquidated damages at termination — Whether liquidated or common law damages recoverable for period after termination — Contractual notice for liquidated damages.

[2012] BLR 1

PERSIMMON HOMES LTD v WOODFORD LAND LTD

Expert determination clause — Rectification claim excluded — Related contractual interpretation issues within court’s jurisdiction — Stay or striking out.

[2012] BLR 73

NAP ANGLIA LTD v SUN-LAND DEVELOPMENT CO LTD

Adjudication — Enforcement of the decision — CPR Part 50 and RSC Order 47 — Stay of execution — Probable inability of claimant to repay judgment sum amounting to special circumstances.

[2012] BLR 110

NORESIDE CONSTRUCTION LTD v IRISH ASPHALT LTD

Battle of forms — Enquiries — Invitation to treat — Offer — Purchase order — Supply of materials — Incorporation of terms — By signature, reasonable notice or course of dealings — Document must refer to terms — Later delivery dockets contractually irrelevant — Implied terms — Custom of trade — Requirements to prove customary term — Implied term of merchantability.

[2012] BLR 165

CIP PROPERTY (AIPT) LTD v TRANSPORT FOR LONDON AND OTHERS

Injunctions — Quia timet — Declarations — Need for participation in process being objected to — Prematurity of applications — Any useful purpose for declaration — Need for clear definition of issues — Imminent threat required.

[2012] BLR 202

SHEPHERD CONSTRUCTION LTD v PINSENT MASONS LLP

Partnership — Dissolution of partnership — Creation of new partnership — Later creation of limited liability partnership (LLP) — Liability of LLP for advice given by first partnership prior to dissolution — No ongoing retainer surviving dissolution of first partnership — No obligation to review previous legal advice — No liability of LLP for previous legal advice given by dissolved partnership.

[2012] BLR 213

WALTER LILLY & CO LTD v MACKAY AND ANOTHER

Privilege — Legal professional privilege — Claims consultants — Personnel at firm legally qualified — Whether legal professional privilege applies.

[2012] BLR 249

THEWLIS v GROUPAMA INSURANCE CO LTD

Part 36 offer — Period for acceptance — Inclusion in offer of phrase requiring consent of offeror or court’s permission after period for acceptance expired — Rejection of offer — Purported acceptance — Whether offer remained open for acceptance — Whether true Part 36 offer — Whether action stayed.

[2012] BLR 259

SPECIALIST INSULATION LTD v PRO-DUCT (FIFE) LTD

Adjudication — Jurisdiction — What contract was formed — Battle of forms — Conduct as acceptance — Objective test — Reservation on jurisdictional challenge — Waiver and bar.

[2012] BLR 342

WW GEAR CONSTRUCTION LTD v MCGEE GROUP LTD

Adjudication — Part 8 declaration sought — Declarations and adjudications — Jurisdiction — Whether court would interfere in ongoing adjudication.

[2012] BLR 355

SQUIBB GROUP LTD v VERTASE FLI LTD

Adjudication — Adjudicator’s findings on extension of time — Findings on withholding notices — Enforcement — Claimed set-off by losing party.

[2012] BLR 408

RUST CONSULTING v PB LTD

Indemnity clause — Indemnity in asset purchase agreement — Judgment entered by consent — Extent of indemnity — Estoppel — Whether claimant required to show estoppel when defendant caused judgment between claimant and third party to be entered.

[2012] BLR 427

ODEDRA v BALL

Experts — Debarring expert evidence — Production of undisclosed report — Report privileged — Discretion of court.

[2012] BLR 434

ALSTOM POWER LTD v SOMI IMPIANTI SRL

Personal property — Equipment — Sub-contractor’s equipment (defined in subcontract) — Whether legal property therein passed to contractor.

[2012] BLR 585