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(1) DELAWARE MANSIONS LTD (2) FLECKSUN LTD v THE LORD MAYOR AND CITIZENS OF THE CITY OF WESTMINSTER

[2000] BLR 1

Nuisance - Tree roots - Damage to buildings - Damage before new owners acquire property - Need to underpin - Continuing nuisance - Continuing cause of action - Damage for purposes of nuisance.

BRIAN ANDREWS (t/a B A CONTRACTORS) v JOHN H BRADSHAW H RANDELL & SON LIMITED

[2000] BLR 6

Arbitration - Application to remove arbitrator - Arbitration Act 1996 - Section 24(1) - Doubts as to arbitrator’s impartiality - Justifiable - Bias - Real danger of bias - Failure properly to conduct proceedings - Substantial injustice to applicant.

MINISTRY OF DEFENCE v (1) SCOTT WILSON KIRKPATRICK & PARTNERS (2) DEAN & DYBALL CONSTRUCTION LTD

[2000] BLR 20

GC Works 1 Edition 2 - Condition 7(1)(a) and (m) - Condition 7(2) - Instruction to modify or verify - Confirmation or giving of instruction in writing - Not condition precedent - Promissory estoppel - Wavier - Betterment - Apportionment between defendants.

JARVIS INTERIORS LIMITED v GALLIARD HOMES LIMITED

[2000] BLR 33

Letter of intent - Proposed contract to be under seal - Subject to contract - Oral agreement on guaranteed maximum price - Uncertainty as to terms - Arbitration agreement - Subject to contract - Application to stay proceedings.

BOUYGUES (UK) LIMITED v DAHL-JENSEN (UK) LIMITED

[2000] BLR 49

Adjudication - CIC Model Adjudication Procedure 2nd edition - Award - Retention - Material error in calculation of sums in award - Retention included by mistake in one element of calculation - Effect to release whole of retention fund to sub-contractor - Retention not matter before adjudicator - Slip rule - Whether court should correct error or remit award.

BIRSE CONSTRUCTION LIMITED v ST DAVID LIMITED

[2000] BLR 57

Section 9 Arbitration Action 1996 - Application for stay - Affidavit evidence - Dispute as to arbitration agreement - Triable issue - Dispute as to relevant fact - Preliminary issue to be tried - Interlocutory procedure approach.

LOBB PARTNERSHIP LIMITED v AINTREE RACECOURSE COMPANY LIMITED

[2000] BLR 65

Jurisdictions of arbitrators - Arbitration clauses - RIBA Conditions of Engagement - Permissive and mandatory wording - Construction of arbitration clauses - Applicable principles.

AMEC PROCESS AND ENERGY LIMITED v STORK ENGINEERS & CONTRACTORS BV

[2000] BLR 70

Costs - CPR Rule 44.3(4)b - Transitional provisions for costs - Costs of preliminary issues - Possibility of payment into court - Effect of payment in.

THE ROYAL BROMPTON HOSPITAL NATIONAL HEALTH TRUST v (1) FREDERICK ALEXANDER HAMMOND (2) JOHN RICHARD LERCHE AND ORS

[2000] BLR 75

Consulting engineers - Model form of retainer “Form D” - Scope of retainer - Obligation to provide co-ordination drawings - Employer’s obligations to contractor under JCT Standard Form (Local authorities ed with quantities) - Employer’s obligation regarding co-ordination - Whether affected engineers’ obligations.

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

[2000] BLR 81

Misrepresentation - Company transferring business - Whether misrepresentation in company’s accounts - Whether reliance - Misrepresentation Act 1967 section 2(2) - Whether misrepresentee entitled to damages under section 2(2) when no longer entitled to rescind contract - Measure of damages under section 2(2).

BELLEFIELD COMPUTER SERVICES LTD AND ORS v E TURNER & SONS LTD

[2000] BLR 97

Duty of care - Original builder - Subsequent owner - Acts or omissions - Damage to building itself - Complex structures - Single building - Economic loss.

HOLBECK HALL HOTEL LIMITED AND ANOR v SCARBOROUGH BOROUGH COUNCIL

[2000] BLR 109

Cliff collapse - Council owner and occupier of land between hotel and sea - Nuisance - Scope of duty of care - Type of “defect” - Distinction between latent and patent defect - Type but not extent of damage caused foreseeable - Whether duty on owner to investigate.

HOMER BURGESS LIMITED v CHIREX (ANNAN) LIMITED

[2000] BLR 124

Adjudication - Jurisdiction of adjudicator - Housing Grants, Construction and Regeneration Act 1996, sections 104 and 105 - Whether works were “construction operations” - Whether adjudicator had jurisdiction.

PLANT CONSTRUCTION PLC v (1) CLIVE ADAMS ASSOCIATES (2) JMH CONSTRUCTION SERVICES LIMITED

[2000] BLR 137

Duty to warn - Contractors - Implied term of skill and care - Obvious dangers - Dangers known by contractor - Relevant circumstances giving rise to need to warn.

AHMAD AL-NAIMI (T/A BUILDMASTER CONSTRUCTION SERVICES) v ISLAMIC PRESS AGENCY INCORPORATED

[2000] BLR 150

Arbitration Act 1996, section 9 - Stay of proceedings for arbitration - Proper approach of the court - Jurisdiction of arbitrator - Inherent jurisdiction of the court to stay proceedings for arbitration.

NORTHERN DEVELOPMENTS (CUMBRIA) LIMITED v J&J NICHOL

[2000] BLR 158

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Repudiation - Jurisdiction of adjudicator - Error of law - Section 111 - Notice of intention to withhold payment - Costs of adjudication - Jurisdiction of adjudicator - Implied agreement that adjudicator should have power to award costs.

FASTRACK CONTRACTORS LIMITED v (1) MORRISON CONSTRUCTION LIMITED (2) IMREGLIO UK LIMITED

[2000] BLR 168

Adjudication - Jurisdiction of adjudicator - Housing Grants, Construction and Regeneration Act 1996, section 108 - Scheme for Construction Contracts (England and Wales) - Whether dispute referred to adjudicator - Meaning of dispute - Whether adjudicator had jurisdiction over matters referred to him.

GROVEDECK LIMITED v CAPITAL DEMOLITION LIMITED

[2000] BLR 181

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - “Written contract” - Section 107(5) - Exchange of written submissions in adjudication proceedings - What proceedings referred to in sub-section - Jurisdiction of adjudicator.

VHE CONSTRUCTION PLC v RBSTB TRUST CO LIMITED (as trustee of the Mercury Property Fund)

[2000] BLR 187

Adjudication - Housing Grants Construction and Regeneration Act 1996 - JCT Contract with Contractor’s Design (1981 Edition) - Interim payment - Subsequent Adjudications - Effect of second adjudication decision - Set-offs against adjudicators’ decisions - Summary enforcement - Part 24.2 Civil Procedure Rules.

FW COOK LTD v SHIMIZU (UK) LTD

[2000] BLR 199

Adjudication - Final Account disputes - TecSA Adjudication Rules - Referring letter - Interpretation - Adjudicator’s jurisdiction - Meaning in decision of “sums payable”.

PLANT CONSTRUCTION PLC v (1) CLIVE ADAMS ASSOCIATES (2) JMH CONSTRUCTION SERVICES LIMITED

[2000] BLR 205

Duty to warn - Extent of duty - Causation - Concurrent causes - Effect of other causes.

THE MAYOR AND COMMONALTY AND CITIZENS OF THE CITY OF LONDON v (1) REEVE AND COMPANY LIMITED (2) G LAWRENCE WHOLESALE MEAT COMPANY LIMITED (3) CITIGEN (LONDON) LIMITED

[2000] BLR 211

Indemnity - Cause of action - Date of accrual of cause of action - Breaches giving rise to third party claims - Whether cause of action accrues when third party liability arises or is satisfied - Construction - Settlement agreement - Recital - “All outstanding matters” - Waiver of claims or causes of action prior to date of agreement - Whether claims under indemnity included if cause of action not yet accrued.

PEGLER LIMITED v WANG (UK) LIMITED

[2000] BLR 218

Contract for the provision of computer hardware and software - Termination of contract - Exclusion and limitation of liability clauses - Indirect and consequential damages - Loss of profits not excluded - Contractual limitation period for the commencement of actions - Unfair Contract Terms Act 1977 section 3(1) - Meaning of “on the other’s written standard terms of business” - Reasonableness - Market surveys - Admissibility of and weight to be attached.

HOTEL SERVICES LIMITED v HILTON INTERNATIONAL HOTELS (UK) LIMITED

[2000] BLR 235

Damages - Cost of removal of faulty equipment - Loss of profits from use of equipment - Exclusion clause - “Indirect or consequential loss” - Exclusion of “indirect or consequential loss” - Whether loss of profits recoverable.

MICHAEL A JOHNSTON v WH BROWN CONSTRUCTION (DUNDEE) LTD

[2000] BLR 243

Scottish building contract with contractor’s design (January 1993 Revision) - Clause 16 - Damages for defects - Defects found in defects liability period - Architect’s investigation of defects - Recoverability of architect’s fees.

HENRY BOOT CONSTRUCTION LTD v ALSTOM COMBINED CYCLES LTD

[2000] BLR 247

ICE Conditions of Contract 6th Edition - Clause 52(1)(b) - Clause 52(1) - Clause 52(2) - Valuation of variations - Contract rates and prices - Basis of Valuation - Error or mistake in contract price - Relevance of mistake in valuing variations.

INCO EUROPE LTD AND ORS v FIRST CHOICE DISTRIBUTION (A FIRM) AND ORS

[2000] BLR 259

Arbitration - Stay of judicial proceedings - Application to stay dismissed at first instance - Whether Court of Appeal had jurisdiction to hear appeal - Supreme Court Act 1981, section 18(1)(g) - Arbitration Act 1996, section 9.

THE MORTGAGE CORPORATION v (1) LAMBERT & CO (A FIRM) (2) THOMAS ALAN STANBURY

[2000] BLR 265

Negligence - Surveyor’s valuation of property - Mortgage advance in reliance on valuation - Limitation - Section 14A Limitation Act 1980 - Imputed knowledge - When lender had necessary facts - Lender on notice of fallen value of property - When reasonable to seek retrospective valuation.

HERSCHEL ENGINEERING LTD v BREEN PROPERTY LTD

[2000] BLR 272

Adjudication - Housing Grants, Construction and Regeneration Act 1996 section 108 - Reference to adjudication when pending court proceedings in respect of the same cause of action - Waiver of right to adjudicate - CPR Part 24 - Summary judgment to enforce adjudicator’s decision - Whether court should stay execution.

ALCOA MINERALS OF JAMAICA INC v HERBERT BRODERICK

[2000] BLR 279

Damages - Remoteness - Mitigation - Damage to building - Increase in cost of repair between date of original statement of claim and date of judgment - Postponement of repair - Impecuniosity - Proper date for assessment of damages - Whether impecuniosity to be disregarded.

MAKEPEACE v EVANS BROTHERS (READING) (A FIRM) AND ANOR

[2000] BLR 287

Duty of Care - Occupiers’ Liability Act 1957 - Personal injuries - Main contractor’s tower scaffold - Tower scaffold borrowed by sub-contractor’s employees - No hidden defect in scaffold - Inherent danger - Commonplace equipment.

AT&T CORPORATION AND ANOR v SAUDI CABLE COMPANY

[2000] BLR 293

Arbitration - Application to remove arbitrator, revoke his appointment and set aside awards - Arbitrator non-executive director of competitor of one of parties - Bias - Real danger of bias - Misconduct - Arbitration Act 1950, section 23 - ICC Rules, Arts 2.7, 2.8, 2.9 and 2.13 - Failure to disclose directorship - Whether breach of Art 2.7 - Whether decision of ICC Court on misconduct binding.

NOTTINGHAM COMMUNITY HOUSING ASSOCIATION LIMITED v POWERMINSTER LIMITED

[2000] BLR 309

Adjudication - Housing Grants, Construction and Regeneration Act 1996, section 104 - Construction contract - Section 105 - Meaning of construction operations.

BLOOR CONSTRUCTION (UK) LIMITED v BOWMER & KIRKLAND (LONDON) LIMITED

[2000] BLR 314

Adjudication - Decision - Accidental error or omission - Implied term in construction contract to correct errors - Time within which to correct.

R DURTNELL AND SONS LIMITED v SECRETARY OF STATE FOR TRADE AND INDUSTRY

[2000] BLR 321

Arbitration - Arbitration Act 1996, section 18 - Whether the court has discretion to refuse to appoint an arbitrator - Extent of discretion - Relationship between discretion and the overriding objectives in section 1 of the Arbitration Act 1996.

ALFRED McALPINE CONSTRUCTION LIMITED v PANATOWN LIMITED

[2000] BLR 331

Damages - Building contract - Employer under building contract not owner of building - Owner of building having benefit of Duty of Care Deed with contractor - Whether employer entitled to substantial damages for breach of building contract.

LAFARGE REDLAND AGGREGATES LIMITED v SHEPHARD HILL CIVIL ENGINEERING LIMITED

[2000] BLR 385

Arbitration - Joint arbitration under both main contract and subcontract - Reluctance on part of main contractor to go to arbitration with employer - Reasonable time to do so - Conditions of contract clause 66 ICE - FCEC blue form clause 18(2) - Implied term of reasonable time - Arbitration - Disputes to be dealt with “jointly” - Nature of subcontractor’s claim in “joint” arbitration - Whether entitled to take part.

DISCAIN PROJECT SERVICES LIMITED v OPECPRIME DEVELOPMENT LIMITED

[2000] BLR 402

Adjudication - Housing Grants, Construction and Regeneration Act 1996 - Scheme for Construction Contracts (England and Wales) Regulations 1998 - Jurisdiction - Date when dispute arose - Time for payment by paying party unexpired by date of Notice of Adjudication - Notice under section 111 of Act - Withholding notice - Notice by “associated company” of defendant - Whether good notice - Notice by agent - Bias - Natural justice - Unilateral discussions between applicant and adjudicator - Danger of bias - Whether court should enforce award.

ARTHUR JS HALL & CO (A FIRM) v SIMONS BARRATT v WOOLF SEDDON (A FIRM) HARRIS v SCHOFIELD ROBERTS & HILL (A FIRM)

[2000] BLR 407

Solicitors - Negligence - Immunity from suit - Claims for negligence against solicitors - Solicitors claiming immunity from suit - Advocates’ immunity in civil and criminal proceedings - Risk of collateral attack on court orders.

CO-OPERATIVE RETAIL SERVICES LTD. v TAYLOR YOUNG PARTNERSHIP HOARE LEA & PARTNERS AND ORS

[2000] BLR 461

JCT 1980 form - Clause 22A - DOM/1 1980 form - Joint insured - Fire - Contribution - Civil Liability (Contribution) Act 1978, section 1 - Circuity of action - “Liable in respect of the same damage” - Time when contribution sought - Effect of extensions of time for fire delay - Contributory negligence.

LONDON BOROUGH OF BARKING & DAGENHAM v TERRAPIN CONSTRUCTION LTD

[2000] BLR 479

JCT building contract with contractor’s design - Final account/final statement - Conclusive evidence - Employer’s requirements - Design defects - Patent and latent defects - Breach of statutory requirements.

SHEPHERD CONSTRUCTION LTD v MECRIGHT LTD

[2000] BLR 489

Adjudication - DOM/1 Subcontract - Settlement agreement not construction contract - Section 108 of the Housing Grants, Construction and Regeneration Act 1996 - Duress - Dispute not under subcontract - Dispute resolved by settlement - Declaration by court as to rights.

WELDON PLANT LTD v THE COMMISSION FOR THE NEW TOWNS

[2000] BLR 496

ICE Conditions 6th Edition - Variation under clause 51 - Fair valuation under clause 52 - Inclusion of profit and overheads in fair valuation - Jurisdiction of arbitrator - Arbitration Act 1996, section 67(1) and (3) - Serious irregularity - Arbitration Act 1996, section 68.

HENRY BOOT CONSTRUCTION (UK) LIMITED v MALMAISON HOTEL (MANCHESTER) LTD

[2000] BLR 509

Arbitration - Appeal from arbitrator to court - Leave to appeal from court’s decision refused by court - Whether Court of Appeal had jurisdiction to grant leave to appeal or to review court’s refusal - Arbitration Act 1996, section 69(8) - Relationship between that section and Access to Justice Act 1999, section 55.

BOUYGUES (UK) LIMITED v DAHL-JENSEN (UK) LIMITED

[2000] BLR 522

Adjudication - Section 108 of the Housing Grants, Construction and Regeneration Act 1996 - CIC Model Adjudication Procedure 2nd edition - Award - Material error in calculation of sums in award. Set-off - Bankruptcy set-off - Rule 4.90 of the Insolvency Rules 1986 - Section 411 of the Insolvency Act 1986 - Single accounting between parties. Enforcement - CPR Part 24 - Summary judgment.

DSND SUBSEA LIMITED (FORMERLY KNOWN AS DSND OCEANTECH LIMITED) v (1) PETROLEUM GEO-SERVICES ASA (2) PGS OFFSHORE TECHNOLOGY AS

[2000] BLR 530

Duress - Economic - Illegitimate pressure - Compulsion/lack of choice for victims - Inducement to enter into contract - Normal commercial bargaining - Voidable contract - Affirmation of contract.

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