i-law.com

P & O DEVELOPMENTS LTD v THE GUY’S AND St THOMAS’ NATIONAL HEALTH SERVICE TRUST (by original action) and THE GUY’S AND St THOMAS’ NATIONAL HEALTH SERVICE TRUST v P & O DEVELOPMENTS LTD, AUSTEN ASSOCIATES AND AUSTEN ASSOCIATES LTD (by counterclaim)

[1999] BLR 3

Damages - Settlement with others - Claiming settlement sums - Criteria for establishing reasonableness - Admissibility of settlement - Relevance of allocations within settlement.

JFS (UK) LTD v DWR CYMRU CYF

[1999] BLR 17

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.

RTZ PENSION PROPERTY TRUST LTD v ARC PROPERTY DEVELOPMENTS LTD and ASFA LTD

[1999] BLR 23

Costs - Discontinuance with leave - RSC Ord 21 r 3 - Ordering payment of discontinuing plaintiff’s costs - Not ordering payment of defendant’s costs by plaintiff - Jurisdiction - Discretion - RSC Ord 62 r 10(1) - Defendant’s conduct unreasonable or improper.

BRITISH TELECOMMUNICATIONS PLC v JAMES THOMSON AND SONS (ENGINEERS) LTD

[1999] BLR 35

Duty of care - JCT 80 - Clauses 22C, 22.3 - Insurance - Domestic subcontractor causing fire - Duty owed to employer - Fairness, justice and reasonableness.

DEEPAK FERTILISERS AND PETROCHEMICAL CORPORATION v (1) DAVY McKEE (LONDON) LTD AND (2) ICI CHEMICALS AND POLYMERS LTD

[1999] BLR 41

Explosion of methane plant - Exclusion and limitation of liability clauses - “Indirect or consequential damages” - Fixed costs and overheads not excluded - Letter of (performance) acceptance - Release from obligations - Co-insurance - Duration of insurable interest - Prevention of contractual party suing third party - Construction of indemnity clauses.

JILL LOUISE BUTCHER v (1) TIMOTHY EDWARD WOLFE (2) JOHN ROBERT WOLFE

[1999] BLR 61

Compromise - Calderbank offer - Costs - RSC Ord 22 r 14 - Principle of valuation conceded in settlement Costs - RSC Ord 62 r 3 - RSC Ord 62 r 9 - Discretion

CHARLES KAMENOU and GABRIEL KAMENOU v MICHAEL IVAN GEORGE DODSON and 14 OTHERS

[1999] BLR 72

Multiple defendants - Payment into court by last remaining defendant - RSC Ord 62 r 5(4) - Costs - Special order - Jurisdiction.

ROBIN ELLIS LTD v MALWRIGHT LTD

[1999] BLR 81

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

MACOB CIVIL ENGINEERING LTD v MORRISON CONSTRUCTION LTD

[1999] BLR 93

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.

PEARCE AND HIGH LTD v JOHN P BAXTER AND MRS A S BAXTER

[1999] BLR 101

JCT Minor Works form - Defects liability period - Clause 2.5 - Failure by employer to give notice of defects within period - Whether notice condition precedent to recovery.

FRANK FLANNERY AND ANN FLANNERY v HALIFAX ESTATE AGENCIES LTD

[1999] BLR 107

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.

MATRA COMMUNICATIONS SAS v HOME OFFICE

[1999] BLR 112

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.

HENRY BOOT CONSTRUCTION LTD v ALSTOM COMBINED CYCLES LTD (FORMERLY GEC ALSTHOM COMBINED CYCLES LTD)

[1999] BLR 123

Valuations of variations - ICE Conditions 6th Edition - Clauses 52(1), 52(2), 55(2), 56(2), 57 - Contractor’s mistakes in pricing - Effect of Standard Method of Measurement on pricing errors - Effect of pricing errors in variation valuation - Valuation difficulties in using mistaken contract prices.

HARBOUR AND GENERAL WORKS LTD v ENVIRONMENT AGENCY

[1999] BLR 143

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.

OUTWING CONSTRUCTION LTD v H RANDELL AND SON LTD

[1999] BLR 156

Adjudication - Decision to be complied with peremptorily - Enforcement - Abridgement of time - RSC Order 3 rule 5; Order 6 rule 2(1)(b); Order 62 rule 7(3).

THE ROYAL BROMPTON HOSPITAL NATIONAL HEALTH SERVICE TRUST v FREDERICK ALEXANDER HAMMOND JOHN RICHARD LERCHE AND ORS

[1999] BLR 162

Damages - Measure of damages - Settlement with non-party - Compromising liability as well as quantum - Claiming whole of settlement sum against each of multiple defendants - Principle applicable.

STANTON AND STANTON v CALLAGHAN AND ORS

[1999] BLR 172

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

BIRSE CONSTRUCTION LTD v ST DAVID LTD

[1999] BLR 194

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.

ELLIS TYLIN LTD v CO-OPERATIVE RETAIL SERVICES LTD

[1999] BLR 205

Contract - Ostensible authority - Termination clause - Compliance with specified termination procedure - Commercial purpose of termination clause considered.

JITENDRA BHAILBHAI PATEL v DILESH R PATEL

[1999] BLR 227

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.

GLOBE EQUITIES LIMITED v GLOBE LEGAL SERVICES LIMITED AND ORS

[1999] BLR 232

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.

PADDINGTON CHURCHES HOUSING ASSOCIATION v TECHNICAL AND GENERAL GUARANTEE COMPANY LIMITED

[1999] BLR 244

Bond - Determination of building contract due to insolvency - Demand under bond by employer - “Net and ascertained damages” - JCT With Contractor’s Design 1981 edition - No employer’s statement under clause 27 - Whether surety’s obligation to pay had yet arisen.

REDLAND AGGREGATES LIMITED v SHEPHERD HILL CIVIL ENGINEERING LIMITED

[1999] BLR 252

Arbitration - Arrangement of tripartite arbitration by main contractor - Conditions of contract clause 66 ICE - FCEC blue form clause 18(2) - Implied term of reasonable time - Condition subsequent.

RAFLATAC LTD v EADE AND ORS

[1999] BLR 261

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.

POZZOLANIC LYTAG LIMITED v BRYAN HOBSON ASSOCIATES

[1999] BLR 267

Project managers - Duty owed to clients - Insurance arrangements put in place by contractors - Contributory negligence.

WESTACRE INVESTMENTS INC v (1) JUGOIMPORT-SKRP HOLDING COMPANY LIMITED (2) BEOGRADSKA BANKA (3) THE FEDERAL DIRECTORATE OF SUPPLY AND PROCUREMENT OF THE FEDERAL REPUBLIC OF YUGOSLAVIA (4) BEOGRADSKA BANKA DD (5) THE STATE OWNED COMPANY YUGOIMPORT SPDR

[1999] BLR 279

Arbitration - Foreign arbitral award - Enforcement - Illegality - Bribery - Perjury - Public policy - Degree of investigation by court into allegations.

LARKSWORTH INVESTMENTS LIMITED v TEMPLE HOUSE LIMITED KEVIN JOHN BEACH

[1999] BLR 297

Breach of landlord’s covenant to carry out specified repairs - Assessment of damages - Diminution of value of tenancy - General inconvenience and distress.

AMEC CIVIL ENGINEERING LIMITED AND (2) ALFRED McALPINE CONSTRUCTION LIMITED v CHESHIRE COUNTY COUNCIL

[1999] BLR 303

ICE Conditions of Contract 5th edition 1979 - Insurance - Clauses 20 and 21 - Recovery by contractor of monies under policy - Re-imbursement by employer of costs associated with acceleration - “Fair and reasonable” - Whether contractor to account to employer for insurance receipts.

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

[1999] BLR 319

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.

(1) SKANDIA PROPERTY (UK) LIMITED (2) VALA PROPERTIES BV v THAMES WATER UTILITIES LIMITED

[1999] BLR 338

Damages - Statutory duty - Breach of duty causing damage - Quantum of damage - Reasonableness of decision regarding extent of remedial works - Reliance on expert - Whether extent of work reasonable - Whether recoverable from defendant.

ALLIED LONDON AND SCOTTISH PROPERTIES PLC v RIVERBRAE CONSTRUCTION LIMITED

[1999] BLR 346

Adjudication - Section 108 Housing Grants, Construction and Regeneration Act 1996 - Judicial review - Adjudicator’s jurisdiction - Discretion whether or not to order immediate payment - Power to order sums to be placed on deposit in joint names.

BRITISH FERMENTATION PRODUCTS LIMITED v COMPAIR REAVELL LIMITED

[1999] BLR 352

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.

QPS CONSULTANTS LIMITED v KRUGER TISSUE (MANUFACTURING) LIMITED

[1999] BLR 366

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.

THE PROJECT CONSULTANCY GROUP v THE TRUSTEES OF THE GRAY TRUST

[1999] BLR 377

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

THE ROYAL BROMPTON HOSPITAL NATIONAL HEALTH TRUST v FREDRICK ALEXANDER HAMMOND JOHN RICHARD LERCHE AND ORS

[1999] BLR 385

Contribution - Civil Liability (Contribution) Act 1978, section 1(1) - Meaning of “the same damage” within section 1(1) of the 1978 Act.

STEVENS v GULLIS AND PILE (THIRD PARTY)

[1999] BLR 394

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.

CHRISTINE WEALANDS v CLC CONTRACTORS LTD

[1999] BLR 401

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.

HARBOUR AND GENERAL WORKS LIMITED v ENVIRONMENT AGENCY

[1999] BLR 409

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.

SOUTH WEST WATER SERVICES LIMITED v INTERNATIONAL COMPUTERS LIMITED

[1999] BLR 420

New Civil Procedure Rules Part 25.7 - Interim payment after judgment - Principles - Reasonable proportion - Costs - Indemnity basis - Leave to appeal - Practice direction 19 April 1998 - Applicable test.

PALMERS LIMITED v ABB POWER CONSTRUCTION LIMITED

[1999] BLR 426

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.

Building Law Reports