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JFS (UK) LTD v DWR CYMRU CYF

Limitation - Limitation Act 1980, s 35(3) - Application for leave to amend by defendant - Original set-off or counterclaim - Claim in the action - RSC Ord 20, r 5.

[1999] BLR 17

ROBIN ELLIS LTD v MALWRIGHT LTD

Experts’ Joint Statements - Privilege - Binding upon parties - RSC Ord 38, rr 36, 37, 38, 41 and 42 - Part 35 of the Civil Procedure Rules.

[1999] BLR 81

MACOB CIVIL ENGINEERING LTD v MORRISON CONSTRUCTION LTD

Adjudication - Adjudicator’s decision - Housing Grants, Construction and Regeneration Act 1996, s 108 - Scheme for Construction Contracts, paragraph 23(1) - Arbitration agreement - Arbitration Act 1996, s 42 - Scheme for Construction Contracts, paragraph 24 - Summary judgment - Mandatory injunction.

[1999] BLR 93

FRANK FLANNERY AND ANN FLANNERY v HALIFAX ESTATE AGENCIES LTD

Negligence action - Foundation subsidence - Trial involving expert evidence - Judge’s preference for one side’s expert evidence - No reasons given - Judge’s duty to give reasons - Function of due process - Ambit of duty.

[1999] BLR 107

MATRA COMMUNICATIONS SAS v HOME OFFICE

Public procurement - Award of Public Supply Contracts - Review Procedures - Council Directive 89/665/EEC, Articles 1 and 2 - Public Services Contracts Regulations 1993, section 32(4)(b) - time limit for bringing proceedings - Local Government Act 1988, sections 17 and 19.

[1999] BLR 112

HARBOUR AND GENERAL WORKS LTD v ENVIRONMENT AGENCY

Arbitration Act 1996 section 12 - Entitlement to an extension of time for commencement of an arbitration - Circumstances outside the reasonable contemplation of the parties - Institute of Civil Engineers Arbitration Procedure rule 5.2 - Non-compliance with condition precedent - ICE Conditions of Contract clause 66.

[1999] BLR 143

STANTON AND STANTON v CALLAGHAN AND ORS

Expert - Extent of immunity from suit as potential witness - Whether immunity covered Joint Statement - Whether immunity covered Expert’s Report.

[1999] BLR 172

BIRSE CONSTRUCTION LTD v ST DAVID LTD

Stay of proceedings - Section 9 Arbitration Act 1996 - Existence of contract disputed - Practice of Court - Offer and acceptance - Conduct and acceptance - JCT Conditions 1980 Edition incorporated - Effect of non-designation of Architect/Contract Administrator - Section 5 of Arbitration Act 1996 - Incorporation of arbitration agreement.

[1999] BLR 194

JITENDRA BHAILBHAI PATEL v DILESH R PATEL

Arbitration - Section 9(3) Arbitration Act 1996 - Stay of proceedings - “Step in proceedings to answer substantive claim” - Whether summons to set aside default judgment constituted such a step - Summons requested leave to defend action and counterclaim.

[1999] BLR 227

GLOBE EQUITIES LIMITED v GLOBE LEGAL SERVICES LIMITED AND ORS

Costs - Order against non-party - Supreme Court Act 1981 - Sections 51(1), 51(3) - Inherent jurisdiction - Solicitors on record for party - No prospect of party for whom solicitors acting of being able to pay other side’s costs - Action continued substantially for solicitors’ benefit.

[1999] BLR 232

RAFLATAC LTD v EADE AND ORS

Contract - Relevant work sub-contracted - Sub-contractor appointed with employer’s agreement - Flood damage caused by sub-contractor’s negligence - Contributory negligence - Whether defence available to main contractor - No parallel duty in tort owed by main contractor - Employee’s salary costs as damages.

[1999] BLR 261

FLOODS OF QUEENSFERRY LIMITED AND ANOR v SHAND CONSTRUCTION LIMITED AND ORS

FCEC blue form sub-contract - Earthworks - Management services, plant and labour provided to sub-contractor by related companies - Credit notes issued by related companies - Damages claim including costs for which credit given by related companies - Effect on damages - Judge’s ad hoc procedures for arbitration disputes.

[1999] BLR 319

BRITISH FERMENTATION PRODUCTS LIMITED v COMPAIR REAVELL LIMITED

I Mech E Model C Conditions - Condition 11(ii) - Exclusion clause - Unfair Contract Terms Act 1977 - Written standard terms of business - Burden of proof under Act - Test of reasonableness of terms - Consideration of other contractual remedies.

[1999] BLR 352

QPS CONSULTANTS LIMITED v KRUGER TISSUE (MANUFACTURING) LIMITED

Pleading - Procedure - Further and better particulars - “Unless” order - Failure to comply - Failure to provide adequate particulars subject of order - Sanction - Striking out part of pleading - “Good faith” - Whether document complied with order.

[1999] BLR 366

THE PROJECT CONSULTANCY GROUP v THE TRUSTEES OF THE GRAY TRUST

Adjudication - Housing Grants, Construction and Regeneration Act 1996, section 108 - Adjudicator’s decision - Summary judgment application - Adjudicator’s jurisdiction challenged - Whether “construction contract” concluded.

[1999] BLR 377

STEVENS v GULLIS AND PILE (THIRD PARTY)

CPR Part 35 - Practice Direction - Expert evidence - Failure to comply with court orders - Debarring of expert - CPR Parts 3.8, 3.9 - Setting aside default order - Whether debarring order should be set aside - Appeal consented to in terms by another party - Whether court obliged to permit appeal - Whether evidence should be adduced by consent.

[1999] BLR 394

CHRISTINE WEALANDS v CLC CONTRACTORS LTD

Fatal accident - Third party proceedings - Section 9 Arbitration Act 1996 - Stay of proceedings - ICE sub-contract-Ambit of Clause 18 - Arbitrator’s power to award contribution.

[1999] BLR 401

HARBOUR AND GENERAL WORKS LIMITED v ENVIRONMENT AGENCY

ICE Conditions (6th Edition) - Clause 66 - Engineer’s decision - Arbitration notice served late - Section 12 Arbitration Act 1996 - Extension of time for commencement of arbitration - Failure to read arbitration clause - Principles applicable - Effect of engineer’s decision on later final certificate disputes - Rule 5(2) ICE Arbitration Procedure.

[1999] BLR 409

PALMERS LIMITED v ABB POWER CONSTRUCTION LIMITED

Housing Grants, Construction and Regeneration Act 1996 - Section 105 - “Construction contract” - “Construction operations” - Scaffolding operations - Whether within scope of Act - Whether an adjudicator would have jurisdiction - Whether entitled to suspend operations - Whether granting declaration appropriate - Housing Grants, Construction and Regeneration Act 1996 - Section 111(1) - Notice - Whether notice complies - Whether entitled to withhold payment - Whether declaration appropriate.

[1999] BLR 426