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S&T (UK) LTD v GROVE DEVELOPMENTS LTD

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.

[2019] BLR 1

GOSVENOR LONDON LTD v AYGUN ALUMINIUM UK LTD

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.

[2019] BLR 99

CHERN v APILOA CORPORATION AND ANOTHER

Technology and Construction Court – Transfer – Claims appropriate for a High Court TCC judge – Adjudication matters – Adjudicators’ fee claims.

[2019] BLR 128

NDOLE ASSETS LTD v DESIGNER M&E SERVICES UK LTD

Civil procedure – Statutory interpretation – Conduct of litigation – Reserved legal activities – Service of claim form – Consequence of service by an unqualified person.

[2019] BLR 147

GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA

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.

[2019] BLR 159

WELLS v DEVANI

Contract – Binding contract – Implied terms. – Estates Agents Act 1979 – Failure to comply with requirements regarding written terms of business – Consequences. – Appeals – Errors by trial judge in evaluation process under Estates Agents Act 1979, section 18(6) – Correct approach by appellate court.

[2019] BLR 221

AQABA CONTAINER TERMINAL (PVT) CO v SOLETANCHE BACHY FRANCE SAS

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 required not to grant anti-suit injunction – Court's discretion.

[2019] BLR 234

TRIPLE POINT TECHNOLOGY INC v PTT PUBLIC COMPANY LTD

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”.

[2019] BLR 271

MEARS LTD v COSTPLAN SERVICES (SOUTH EAST) LTD AND OTHERS

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.

[2019] BLR 289

DONALD INSALL ASSOCIATES LTD v KEW HOLDINGS LTD

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.

[2019] BLR 315

VEDANTA RESOURCES PLC AND ANOTHER v LUNGOWE AND OTHERS

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.

[2019] BLR 327

PBS ENERGO AS v BESTER GENERACION UK LTD

Adjudication – Summary judgment – Fraud – Decision procured by fraud – Whether induced decision of adjudicator – Whether summary judgment should be granted.

[2019] BLR 350

THOMAS AND ANOTHER v TAYLOR WIMPEY DEVELOPMENTS LTD AND OTHERS

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. – Limitation periods – Accrual of cause of action – Defective Premises Act 1972 – Misrepresentation Act 1967, section 2(1). – NHBC Buildmark warranty – Availability of claims under NHBC Buildmark warranty, sections 3 and 4. – Procedure – Statements of case – Whether claim for negligent misstatement pleaded – Whether breach of Building Regulations pleaded.

[2019] BLR 382

P v D AND OTHERS

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.

[2019] BLR 422

AMEY HIGHWAYS LTD v WEST SUSSEX COUNTY COUNCIL

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.

[2019] BLR 435

INDIGO PROJECTS LONDON LTD v RAZIN AND ANOTHER

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.

[2019] BLR 454

RGB P&C LTD v VICTORY HOUSE GENERAL PARTNER LTD

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.

[2019] BLR 465

BABCOCK MARINE (CLYDE) LTD v HS BARRIER COATINGS LTD

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.

[2019] BLR 495

COREBUILD LTD v CLEAVER AND ANOTHER

Adjudication – Error of fact or law in decision – Proper approach – Natural justice – No evidence or submission on determinative point – Stay of execution – Insolvency.

[2019] BLR 505

NETWORK RAIL INFRASTRUCTURE LTD v ABC ELECTRIFICATION LTD

Interpretation – ICE Conditions of Contract (Target Cost Version) – Amendments to standard form – Meaning of “default on the part of the contractor”. – Civil procedure – Discretion to grant declaratory relief – Whether declaration would serve useful purpose – Significance of potential relevance to other contracts.

[2019] BLR 522

GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA

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.

[2019] BLR 535

AIC LTD v THE FEDERAL AIRPORTS AUTHORITY OF NIGERIA

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.

[2019] BLR 549

BENNETT (CONSTRUCTION) LTD v CIMC MBS LTD (FORMERLY VERBUS SYSTEMS LTD)

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.

[2019] BLR 587

SOLARIA ENERGY UK LTD v DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY

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 to 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.

[2019] BLR 610

C SPENCER LTD v MW HIGH TECH PROJECTS UK LTD

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.

[2019] BLR 643