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DALLAH ESTATE AND TOURISM HOLDING COMPANY v MINISTRY OF RELIGIOUS AFFAIRS, GOVERNMENT OF PAKISTAN

[2010] BLR 1

ICC arbitration — New York Convention — Enforcement of arbitration award — Arbitration Act 1996, section 103 — Waiver — Estoppel — No challenge to award in country in which award made — Discretion to enforce or not

NATIONAL AMUSEMENTS (UK) LTD AND OTHERS v WHITE CITY (SHEPHERDS BUSH) LTD PARTNERSHIP AND ANOTHER

[2010] BLR 24

Transfer of proceedings — Action issued in Chancery Division — Application to transfer to TCC — Subject matter of action

BECK INTERIORS LTD v RUSSO

[2010] BLR 37

Guarantee — Discharge by material variation in terms of principal contract — Surety consenting to alterations — Conditional nature of guarantee — Whether guarantor bound by adjudicator’s decision

SG SOUTH LTD v KING’S HEAD CIRENCESTER LLP AND ANOTHER

[2010] BLR 47

Adjudication — Enforcement — Fraud — Claims on certificates — Fraud raised in adjudication — Same fraud raised on enforcement — Clear evidence and argument required — Fraud going to subject matter of dispute — Stay of execution

ALLIED P & L LTD v PARADIGM HOUSING GROUP LTD

[2010] BLR 59

Adjudication — Dispute — Severability — Submission to jurisdiction — Waiver

PELL FRISCHMANN ENGINEERING LIMITED v (1) BOW VALLEY IRAN LIMITED (2) BOW VALLEY ENERGY LIMITED (3) P T BAKRIE INTERINVESTINDO (4) BOW VALLEY INTERNATIONAL (JERSEY) LIMITED

[2010] BLR 73

Confidentiality — Exclusivity — Breach of contract — “Wrotham Park” damages — Negotiating damages — Lord Cairns Act — Damages in lieu of injunction — Injunction need not be claimed in proceedings — Hypothetical negotiation — Events after date of such negotiation — Conspiracy

ENTERPRISE MANAGED SERVICES LTD v TONY MCFADDEN UTILITIES LTD

[2010] BLR 89

Insolvency — Assignment of claim by liquidators — Whether assignment of balance due on account under rule 4.90 of Insolvency Rules 1986 — Whether assignment valid

(1) ANGLO SWISS HOLDINGS LIMITED (2) GOOD START LIMITED (3) MENTMORE TOWERS LIMITED v PACKMAN LUCAS LIMITED

[2010] BLR 109

Stay - Alleged failure to comply with Pre-Action Protocol - Whether stay should be ordered

BUILDABILITY LIMITED v O’DONNELL DEVELOPMENTS LIMITED

[2010] BLR 122

Courts and Legal Services Act 1990, section 58A — Conditional Fee Agreement

ERICSSON AB v EADS DEFENCE AND SECURITY SYSTEMS LIMITED

[2010] BLR 131

Interim injunction — Termination of contract — Adequacy of damages — Exclusion clauses — Confidentiality

SUPERSHIELD LIMITED v SIEMENS BUILDING TECHNOLOGIES FE LIMITED

[2010] BLR 145

Damages — Settlement sum as damages — Reasonableness of settlement — Remoteness — Causation — Foreseeability — Scope of contractual duty.

MAYHAVEN HEALTHCARE LIMITED v (1) DAVID BOTHMA (2) TERESA BOTHMA (Trading as DAB Builders)

[2010] BLR 154

Arbitration appeal — Question of law — Repudiation — Recoverability of damages — Damages for delay — Implied approval by Contract Administrator of defective work.

FITZROY ROBINSON LIMITED v MENTMORE TOWERS LIMITED and FITZROY ROBINSON LIMITED v GOOD START LIMITED AND ANOTHER (No 3)

[2010] BLR 165

Interest — Calculation of interest payable on professional fees unpaid — Application of Late Payment of Commercial Debts (Interest) Act 1998 — Effect of reduction of principal sum by termination of contract on calculation of interest — Identification of relevant periods.

GERMAN PROPERTY 50 SARL v SUMMERS-INMAN CONSTRUCTION AND PROPERTY CONSULTANTS LLP and ARCADIS HOMOLA PROJECT MANAGEMENT AG

[2010] BLR 179

Costs — Interim award — Costs paid to third party by way of settlement — Whether rule should be applied discounting percentage of those costs or whether allowable in full at interim stage.

NAYLOR CONSTRUCTION SERVICES LTD v ACOUSTAFOAM LTD

[2010] BLR 183

Adjudication — Enforcement — Jurisdiction — Agreement in writing — Housing Grants, Construction and Regeneration Act 1996, section 107 — Test to be applied where agreement alleged to be oral, or partly oral and partly written.

VECTOR INVESTMENTS v J D WILLIAMS

[2010] BLR 195

CPR Part 44.3 — Liability for Costs — Determination of liability for costs after compromise of proceedings — Principles to be applied — Relevance of settlement sum

SUPABLAST (NATIONWIDE) LIMITED v STORY RAIL LIMITED

[2010] BLR 211

Adjudication — Summary judgment — Enforcement of Adjudicator’s decision — Whether arguable defence that there were two contracts

HI-LITE ELECTRICAL LIMITED v WOLSELEY UK LIMITED

[2010] BLR 225

Earlier proceedings — Effect of judgment on later proceedings — Different parties to later proceedings — Issue estoppel — Unfairness in later proceedings — Non-admissions on causation in later proceedings

GOLD GROUP PROPERTIES LIMITED v BDW TRADING LIMITED (formally known as BARRATT HOMES LIMITED)

[2010] BLR 235

Summary judgment — Interpretation of contract — Frustration — Repudiation — Development Agreement

SPEYMILL CONTRACTS LIMITED v BASKIND

[2010] BLR 257

Adjudication — Enforcement of adjudicator’s decision — Fraud — Allegation of fraud by defendant — Alleged theft of withholding notices by claimant — Whether agreement that adjudicator should not consider theft — Whether adjudicator did consider theft — Approach of Court on enforcement proceedings

(1) BSKYB LIMITED (2) SKY SUBSCRIBERS SERVICES LIMITED v (1) HP ENTERPRISE SERVICES UK LIMITED (FORMERLY ELECTRONIC DATA SYSTEMS LIMITED) (2) ELECTRONIC DATA SYSTEMS LLC (FORMERLY ELECTRONIC DATA SYSTEMS CORPORATION)

[2010] BLR 267

Contract — Exclusion clause — Whether the clause applied to all losses

RTS FLEXIBLE SYSTEMS LIMITED v MOLKEREI ALOIS MÜLLER GMBH & COMPANY KG (UK PRODUCTION)

[2010] BLR 337

Letter of Intent — Contract formation — Contract not effective until signed — Expiry of letter of Intent — Parties continue with project — Agreement on Contract Schedules — Waiver of subject to contract clause

WILLIAM HARE LIMITED v SHEPHERD CONSTRUCTION LIMITED and C R REYNOLDS (CONSTRUCTION) LIMITED v SHEPHERD CONSTRUCTION LIMITED

[2010] BLR 358

Housing Grants, Construction and Regeneration Act 1996, section 113(1) — “Pay when paid” provisions activated upon insolvency of employer — Contractual “pay when paid” clause activated upon the making of an administration order — Whether clause to be construed to encompass self certified administration pursuant to Insolvency Act 1986 Part II schedule B1

GEOFFREY OSBOURNE LTD v ATKINS RAIL LTD

[2010] BLR 363

Adjudication — Arithmetical error — CPR Part 8 — Declarations sought

GPS MARINE CONTRACTORS LIMITED v RINGWAY INFRASTRUCTURE SERVICES LIMITED

[2010] BLR 377

Adjudication — Compromise — Waiver of jurisdictional objection — Multiple disputes — Multiple contracts — Deceit — Natural justice

MENTMORE TOWERS LTD & OTHERS v PACKMAN LUCAS LTD

[2010] BLR 393

Adjudication — Injunction to restrain — Failure by party to comply with earlier adjudication decision and judgment thereon — Subsequent proceedings by that party stayed — Party commenced adjudications — Whether that party should be restrained by injunction from proceeding with adjudications

GELDOF METAALCONSTRUCTIE NV v SIMON CARVES LIMITED

[2010] BLR 401

Equitable set-off — Interpretation of contractual provision as to set-off.

CLEVELAND BRIDGE (UK) LIMITED v WHESSOE-VOLKER STEVIN JOINT VENTURE (A PARTNERSHIP COMPRISING WHESSOE OIL & GAS LIMITED AND VOLKER STEVIN CONSTRUCTION EUROPE BV)

[2010] BLR 415

Adjudication — Enforcement of adjudicator’s decision — Whether operations fell within the exception in section 105(2)(c) of the Housing Grants Construction and Regeneration Act 1996 — Effect of partial jurisdiction — Whether possible to sever the decision.

YUANDA (UK) CO LTD v WW GEAR CONSTRUCTION LTD

[2010] BLR 435

Adjudication — Contract terms — JCT Trade Contract amended — Adjudication provision — Trade Contractor to pay its own and Employer’s costs of adjudication — Validity of such provision — Unfair Contract Terms Act 1977 — Standard terms meaning — International supply contract — Late Payment of Commercial Debts (Interest) Act 1998 — Substantial remedy in contract for interest — More than two parties in adjudication.

PILON LIMITED v BREYER GROUP PLC

[2010] BLR 452

Adjudication — Award — Enforcement — Jurisdiction — Summary judgment.

PACKMAN LUCAS LIMITED v (1) MENTMORE TOWERS LIMITED (2) CHARLES STREET HOLDINGS LIMITED

[2010] BLR 465

Judgment Debt — Order for sale — Jurisdiction of Queen’s Bench Division.

CITY INN LTD v SHEPHERD CONSTRUCTION LTD

[2010] BLR 473

Concurrent delay — Extension of time — Fair and reasonable extension — How to assess — Apportionment between relevant and other events — Clause 25 of JCT standard form (private with quantities) 1980 edition.

LEE v CHARTERED PROPERTIES (BUILDING) LTD

[2010] BLR 500

Adjudication — Enforcement — Decision delivered out of time — Settlement of claims — Submission of request for appointment of adjudicator prior to notice of adjudication.

FILETURN LTD v ROYAL GARDEN HOTEL LTD

[2010] BLR 512

Adjudication — Bias — Apparent bias — Pre-existing relationship between adjudicator and adviser for referring party.

CLARKE QUARRIES LTD v PT McWILLIAMS LTD

[2010] BLR 520

Adjudication — Contractual agreement — Dispute resolution clause — Adjudication followed by arbitration — Concurrent adjudication and arbitration permissible.

LAMBERT AND OTHERS v BARRATT HOMES LTD and ROCHDALE METROPOLITAN BOROUGH COUNCIL

[2010] BLR 527

Nuisance — Flooding — Measured duty of care — Land — Scope of duty — Reasonable measures — All circumstances — Another party also responsible.

HOW ENGINEERING SERVICES LTD v SOUTHERN INSULATION (MEDWAY) LTD

[2010] BLR 537

Duty of care — Sub-sub contractor — Damage to other elements of building not installed by sub-sub contractor — Whether pure economic loss.

MBE ELECTRICAL CONTRACTORS LTD v HONEYWELL CONTROL SYSTEMS LTD

[2010] BLR 561

Arbitration — Adjudication enforcement — Application to stay enforcement proceedings to arbitration — Whether enforcement dispute that required to be referred to arbitration — Housing Grants Construction and Regeneration Act 1996 — Arbitration Act 1996.

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