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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