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(1) BIFFA WASTE SERVICES LTD (2) BIFFA LEICESTER LTD and (1) MASCHINENFABRIK ERNST HESE GMBH (FIRST DEFENDANT) (2) OUTOKUMPU TECHNOLOGY WENMEC AB (SECOND DEFENDANT/APPELLANT) and VANGUARD INDUSTRIAL LTD (T/A PICKFORDS VANGUARD) (THIRD PARTY) and HESE UNWELT GMBH (FOURTH PARTY)

[2009] BLR 1

Negligence - Construction contracts - Hazardous activities - Vicarious liability. Independent contractors - Subcontractors - Vicarious liability for activities - Welding - Whether hazardous - Principle in Honeywill & Stein Ltd v Larkin Bros [1934] 1 KB 191 - Whether of general application.

LONDON & REGIONAL (ST GEORGE’S COURT) LTD v MINISTRY OF DEFENCE AND SECRETARY OF STATE FOR DEFENCE

[2009] BLR 20

Settlement agreement - Entitlement to recover under agreement - Role of requirement for certificates - Whether certificates binding as to fact and amount of a variation - Whether certificate condition precedent to recover under settlement agreement.

LIBERTY MERCIAN LTD v DEAN & DYBALL CONSTRUCTION LTD

[2009] BLR 29

Liquidated damages - Sectional completion - Proper construction of sectional completion provisions - Whether liquidated damages provision a penalty.

REINWOOD LTD v L BROWN & SONS LTD

[2009] BLR 37

Determination - Employer’s default - Multiple defaults - VAT - Interim payments - Objection to provisional assessment - Meaning of assessment - Meaning of objection - Waiver.

CSC BRAEHEAD LEISURE LTD AND ANOTHER v LAING O’ROURKE SCOTLAND LTD

[2009] BLR 49

Adjudication - Electronic communication of decision - Whether valid - Decision expressed to be “interim” - Information requested in decision as to size of reduction in damages - Effective decision - Admissibility of communications after decision in construing decision - Need of reasons - Coherence of reasoning - Natural justice.

NIGERIAN NATIONAL PETROLEUM CORPORATION v IPCO (NIGERIA) LTD

[2009] BLR 71

Arbitration Act 1996 - Sections 101 and 103 - New York Convention award - Enforcement - Partial enforcement. Arbitration Award - New York Convention award - Enforcement - Law of Nigeria - Challenge to award in Nigeria. Arbitration Act - Sections 100, 101 and 103 - Enforcement - Renewal of adjourned enforcement application before parallel court. New York Convention - Enforcement - Articles III, V and VI.

FARM ASSIST LTD (IN LIQUIDATION) v SECRETARY OF STATE FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS

[2009] BLR 80

Disclosure - Legal advice privilege - Waiver of privilege - Implied waiver - Economic duress - Settlement agreement - Mediation - State of mind.

KIER REGIONAL LTD v CITY AND GENERAL (HOLBORN) LTD (THIRD PARTIES: CAMBRIDGE GATE PROPERTIES LTD AND TEMPLE GUITING MANOR LTD) (NO 2)

[2009] BLR 90

Adjudication - Enforcement - Third party debt order - Whether debts owed by third parties to judgment debtor - Exercise of discretion in making interim order final. Contract - Whether partly written and partly oral - Relevance of subsequent conduct. Adjudication - Enforcement - Stay.

MCLAUGHLIN AND HARVEY LTD v DEPARTMENT OF FINANCE AND PERSONNEL (NO 2)

[2009] BLR 104

Procurement - Transparency - Equal treatment - Public Contracts Regulations 2007 - Regulation 47 - Directive 2004/18/EC - Tenders invited for Framework Agreement - Criteria for reviewing tenders - Distinction with sub-criteria.

HENRY BROS (MAGHERAFELT) LTD AND OTHERS v DEPARTMENT OF EDUCATION FOR NORTHERN IRELAND (NO 2)

[2009] BLR 118

Procurement - Transparency - Public Contracts Regulations 2007 - Regulations 30 and 47 - Directive 2004/18/EC - Tenders invited for Framework Agreement - Criteria for award of public contract - Most economically advantageous basis - Price component.

THE DORCHESTER HOTEL LTD v VIVID INTERIORS LTD [2009] EWHC 70 (TCC)

[2009] BLR 135

Adjudication - New material included in Referral Notice - Complex case - New material - Claim by responding party of insufficient time to deal with matter fairly - Alleged potential breaches of natural justice. CPR Part 8 proceedings - Claim for declarations - Adjudication still underway - Whether jurisdiction to grant declarations. Declarations sought - Principles upon which declarations will be granted during pending adjudication.

FITZPATRICK CONTRACTORS LTD v TYCO FIRE AND INTEGRATED SOLUTIONS (UK) LTD (FORMERLY WORMALD ANSUL (UK) LTD) (NO 3) [2009] EWHC 274 (TCC)

[2009] BLR 144

Costs - Part 36 offer - Claimant’s offer accepted outside of relevant period - Indemnity costs - Interest on costs - Interim payment on account of costs.

ANDREW WALLACE LTD v JEFF NOON Case No 8BM50098

[2009] BLR 158

Adjudication - Natural justice - Adjudicator acting as mediator in separate dispute with same party - Failure to disclose dealings - Whether other reason why apparent bias should be investigated at trial.

NORWEST HOLST LTD v CARFIN DEVELOPMENTS LTD [2008] CSOH 138

[2009] BLR 167

ICE Conditions of Engagement 5th Edition June 1973 (January 1979 revision) - Clause 60(2) - Clause 66(1) - Whether employer had right to refer the question of a certified sum to the Engineer for decision. Arbitration clause - Whether employer had right to a sist of the cause pending arbitration - Whether dispute between parties. Housing Grants, Construction and Regeneration Act 1996 - Section 111(1) - Lack of withholding notice - Whether dispute between parties.

HENRY BROTHERS (MAGHERAFELT) LTD AND SCOTT & EWING (T/A WOODVALE CONSTRUCTION COMPANY LTD) v DEPARTMENT FOR EDUCATION FOR NORTHERN IRELAND (No 3 REMEDIES) [2008] NIQB 153

[2009] BLR 174

Procurement - Public Contracts Regulation 2006, Regulation 47(9) - Whether remedy for breach of Regulations limited to damages. Procurement - EC Directive 2004/18/EC - Meaning of “framework agreement”. Procurement - EC Council Directive 89/665/EEC - EC Directive 2007/66/EC - Remedies for infringement of EC rules in respect of public procurement - Whether remedy for infringement of EC public procurement rules limited to damages.

RTS FLEXIBLE SYSTEMS LTD v MOLKEREI ALOIS MÜLLER GMBH & CO KG [2009] EWCA Civ 26

[2009] BLR 181

Letter of Intent - MF/1 conditions - Formation of Contract - No contract - New argument on appeal.

STOCZNIA GDYNIA SA v GEARBULK HOLDINGS LTD [2009] EWCA Civ 75

[2009] BLR 196

Termination of contract — Termination clause — Repudiation-Repudiatory — Conduct — Election or affirmation of contract — Contractual interpretation — Common law rights — Use of termination procedure as acceptance of repudiation.

YCMS LTD (TRADING AS YOUNG CONSTRUCTION MANAGEMENT SERVICES) v (1) STEPHEN GRABINER (2) MIRIAM GRABINER [2009] EWHC 127 (TCC)

[2009] BLR 211

Adjudication - Subsequent adjudications - Set off - Whether Responding Party could set off sums awarded in its favour in subsequent adjudication

MEAD GENERAL BUILDING LTD (SUBJECT TO COMPANY VOLUNTARY ARRANGEMENT) v DARTMOOR PROPERTIES LTD [2009] EWHC 200 (TCC)

[2009] BLR 225

Judgment - RSC Order 47 - Stay of enforcement - Company voluntary arrangement.

BRITISH TELECOMMUNICATIONS PLC v SAE GROUP INC

[2009] BLR 231

Dispute Resolution Agreement — Whether a valid arbitration clause existed — Whether dispute resolution clause was an arbitration agreement — Whether dispute resolution clause provided for expert determination.

BROOKFIELD CONSTRUCTION (UK) LTD v (1) FOSTER & PARTNERS LTD (2) HOK SPORT LTD

[2009] BLR 246

Contractual provision requiring party to provide assistance and access to personnel and documents — Extent of obligation.

SEELE AUSTRIA GMBH CO v TOKIO MARINE EUROPE INSURANCE LTD

[2009] BLR 261

Amendment — CPR Part 17 — Principles to apply.

DOBSON v THAMES WATER UTILITIES LTD

[2009] BLR 287

Nuisance — Damages — Loss of amenity — Basis of assessment — Whether common law award includes damages recovered by property owner on behalf of non-property owner — Basis for award under Human Rights Act 1998, section 8 — Relationship with common law damages.

RUTTLE PLANT HIRE LTD v SECRETARY OF STATE FOR ENVIRONMENT, FOOD & RURAL AFFAIRS

[2009] BLR 301

Late Payment of Commercial Debts (Interest) Act 1998, section 4 — Interest on debt — Period for which interest runs — Incorrect invoices — Whether notice given of amount of debt or amount claimed as debt.

LINNETT v HALLIWELLS LLP

[2009] BLR 312

Adjudication — Adjudicator’s fees — Contract/no contract — Acceptance through silence — Acceptance through conduct — Quantum meruit — Jurisdiction — Referral not received within seven days — Contract in writing.

QUARTZELEC LTD v HONEYWELL CONTROL SYSTEMS LTD

[2009] BLR 328

Adjudication — Defence to claim not previously raised — Jurisdiction — Natural justice — Severance.

W HING CONSTRUCTION CO LTD v BOOST INVESTMENTS LTD

[2009] BLR 339

Extensions of time — Liquidated damages — Conditions precedent — Notice provision in extension of time clause — Whether complied with — Architect’s certificate in liquidated damages clause.

AMEC GROUP LTD v UNIVERSAL STEELS (SCOTLAND) LTD

[2009] BLR 357

Injunction — Delivery up of Quality Assurance documentation — Contractual duty to provide.

FERRARA QUAY LTD v CARILLION CONSTRUCTION LTD

[2009] BLR 367

Interim injunction — Restraining contractor from determining its employment — Whether injunction should be continued.

HS WORKS LTD v ENTERPRISE MANAGED SERVICES LTD

[2009] BLR 378

Adjudication — Natural justice — Withholding notice — Final account — Meaning of dispute — Spot check of evidence — Multiple adjudications — Method of enforcement — Set off.

FARM ASSIST LTD (IN LIQUIDATION) v THE SECRETARY OF STATE FOR THE ENVIRONMENT, FOOD AND RURAL AFFAIRS (NO 2)

[2009] BLR 399

Mediation — Settlement of dispute — Claim arising in relation to settlement agreement.

AUTOLINK CONCESSIONAIRES (M6) PLC v (FIRST) AMEY CONSTRUCTION LTD

[2009] BLR 411

Defects — Meaning of expression — Interpretation of contracts — Context — Matrix of fact — Commercially sensible interpretation — Warranties — Fitness for purpose.

AMARYLLIS LIMITED v HM TREASURY (SUED AS OGCbuyingsolutions.com) (NO 2)

[2009] BLR 425

Disclosure — Public Interest Immunity — Confidentiality — Relevance — Public Contracts Regulations 2006.

PRIMUS BUILD LTD v (1) POMPEY CENTRE LTD (2) SLIDESILVER LTD

[2009] BLR 437

Adjudication — Service of Notice of Adjudication — Whether in accordance with contractual requirements or not — Whether valid service or not — Whether invalid service has consequences on enforceability.

C R REYNOLDS v SHEPHERD CONSTRUCTION LTD

[2009] BLR 447

Pay when paid clause — Operative on employer’s insolvency — Insolvency defined inter alia as arising on making of administration order under Part II of Insolvency Act 1986 — Administrators appointed pursuant to paragraphs 22 to 34 of Schedule B1 of Insolvency Act 1986 (without administration order being made) — Whether employer insolvent within meaning of clause.

IMPERIAL CANCER RESEARCH FUND and CANCER RESEARCH UK v OVE ARUP & PARTNERS LTD and OVE ARUP & PARTNERS INTERNATIONAL LTD

[2009] BLR 458

CPR 7.6(2) — Extension of time for service of claim form — Discretion of court to extend time for service of claim form when application made within period specified for service by the Rules — Delay to service while awaiting expert report upon which to particularise claim — Expert report required to establish whether claim in professional negligence viable.

SOPOV (COLE) and NORMA WALKER v KANE CONSTRUCTIONS PTY LTD (No 2)

[2009] BLR 468

Quantum meruit — Repudiation — Choice of remedies — Damages or quantum meruit — Whether alternatives available — Effect of contract price on quantum meruit evaluation — Profit and overhead as part of quantum meruit.

SEELE AUSTRIA GMBH & CO KG v TOKIO MARINE EUROPE INSURANCE LTD

[2009] BLR 481

Insurance — Works insurance — Amendment — Limitation — Section 35 Limitation Act — CPR 17.4.2 — New claim — Same or substantially the same facts — Discretion — New case pleaded in Reply.

WORKSPACE MANAGEMENT LTD v YJL LONDON LTD

[2009] BLR 497

Arbitration — Costs award — Unpaid — Application to enforce.

FITZROY ROBINSON LTD v MENTMORE TOWERS LTD AND OTHERS

[2009] BLR 505

Misrepresentation — Fraud — Deceit — Non-disclosure — Silence — Misrepresentation Act 1967.

VISION HOMES LTD v LANCSVILLE CONSTRUCTION LTD

[2009] BLR 525

Adjudicator - Appointment - Whether adjudicator nominated before the relevant Notice of Intention to Refer was given was validly appointed.

CITY & GENERAL (HOLBORN) LTD v (1) ROYAL & SUN ALLIANCE INSURANCE PLC (2) ZURICH INSURANCE PLC (3) ALLIANZ INSURANCE PLC (4) NORWICH UNION INSURANCE LTD (5) AXA INSURANCE UK PLC

[2009] BLR 541

CPR Part 7.6 - Ex parte application for extension of time for claim form.

CHARTBROOK LTD v PERSIMMON HOMES LTD AND OTHERS

[2009] BLR 551

Contract interpretation — Commercial context — Pre-contractual negotiations — Admissibility — Rectification — Admissibility of evidence.

NORTH MIDLAND CONSTRUCTION PLC v AE&E LENTJES UK LTD (FORMERLY LENTJES UK LTD) (FORMERLY LURGI (UK) LTD)

[2009] BLR 574

Housing Grants, Construction and Regeneration Act 1996, section 105(2)(c) — Whether works amounted to assembly, installation or demolition of plant or machinery, or erection or demolition of steelwork for the purposes of supporting or providing access to plant or machinery.

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