- Home/Publications/Building Law Reports
CAVENDISH SQUARE HOLDING BV v EL MAKDESSI; PARKINGEYE LTD v BEAVIS
[2016] BLR 1
Penalties – Whether clauses consequential upon breaches of restrictive covenants were penalties – Whether enforceable. – Agreement for sale of shares – Provision for payment in instalments – If seller defaulted on restrictive covenants, Interim and Final Payments not to be made – Also remaining shareholding could be obtained by purchaser's exercise of an option – Whether clauses unenforceable as penalties.
BLOOMBERG LP v SANDBERG (A FIRM) AND OTHERS
[2016] BLR 72
Contracts – Limitation clauses – Whether limitation clause in contractor's warranty to tenant limits consultant engineer's contribution claim against contractor. – Contribution – Limitation clauses – Whether possible to contract out of the Civil Liability (Contribution) Act 1978. – Contribution – Civil Liability (Contribution) Act 1978, section 1(3) – Whether expiry of contractual period of limitation extinguishes right on which claim is based. – Remedies – Declaratory relief – Circumstances in which declaratory relief is appropriate.
MATTHEW HARDING (TRADING AS M J HARDING CONTRACTORS) v PAICE AND ANOTHER
[2016] BLR 85
Adjudication – Valuation of contractor's account – Lack of pay less notice – Decision of adjudicator based on lack of notice – Whether valuation element of dispute capable of subsequent adjudication – Refusal by judge at first-instance to grant injunction preventing subsequent adjudication – Appeal against refusal – Whether subsequent adjudication permitted – Construction of paragraph 9(2) of Part I of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998 No 649).
BROWN AND ANOTHER v COMPLETE BUILDINGS SOLUTIONS LTD
[2016] BLR 98
Adjudication – Previous adjudication – Contractor's claim rejected on technical grounds – Same or substantially the same dispute – Test – New payment application – Second adjudication in contractor's favour – Different dispute.
WATTRET AND ANOTHER v THOMAS SANDS CONSULTING LTD
[2016] BLR 104
Experts – Professional negligence – Conduct of arbitration by surveyors – Permission to call expert evidence – CPR 35.1 – Quantity surveyor expert – Permission granted subject to court controls.
PERSIMMON HOMES LTD AND OTHERS v OVE ARUP & PARTNERS LTD AND ANOTHER
[2016] BLR 112
Contracts – Interpretation – General principles of contractual interpretation. – Contracts – Interpretation – Interpretation of limitation of liability and exclusion clauses in commercial agreements. – Contracts – Interpretation – Business common sense.
RMP CONSTRUCTION SERVICES LTD v CHALCROFT LTD
[2016] BLR 134
Adjudication – Jurisdiction – Formation of contract.
JOHN SISK & SON LTD v DURO FELGUERA UK LTD
[2016] BLR 147
Adjudication – Enforcement – Predetermination – Delegation of decision-making role – Natural justice.
LUKOIL MID-EAST LTD v BARCLAYS BANK PLC
[2016] BLR 162
Contracts – Interpretation – Inconsistent terms – Surplusage. – On-Demand Bonds – Interpretation. – On-Demand Bonds – Validity of demand – Matters required to be stated in demand.
LARKFLEET LTD v ALLISON HOMES EASTERN LTD
[2016] BLR 172
Preliminary issue – Procedure to be followed when preliminary issues are ordered – Meaning of additional clause inserted into a JCT Design and Build Standard Form Building Contract – Operation of NHBC Scheme – Whether claimant's cause of action statute-barred.
COFELY LTD v ANTHONY BINGHAM AND KNOWLES LTD
[2016] BLR 187
Arbitration – Bias – Apparent bias – Removal of arbitrator – Arbitration Act 1996, sections 24(1) and 73.
GARTELL & SON (A FIRM) v YEOVIL TOWN FOOTBALL & ATHLETIC CLUB LTD
[2016] BLR 213
Total failure of consideration – Determination of what contractual performance should have been – Fact that work done not precluding total failure – Breaches so serious that employer had not received contractual performance – Supply of Goods and Services Act 1982, section 13 – Reasonable care and skill – VAT not recoverable on remedial work costs if employer VAT registered – Overtime costs need to be proved.
THE NATIONAL HOUSING TRUST v YP SEATON & ASSOCIATES COMPANY LTD
[2016] BLR 215
Arbitration – Jamaica – Award of compound interest – Arbitrator's power to do so – Jurisdiction – Misconduct – Arbitration Act of Jamaica. – Error on the face of the award.
SOUTH LANARKSHIRE COUNCIL v COFACE SA
[2016] BLR 237
On-Demand Bonds – Interpretation – Whether bond contains two-stage notice procedure. – On-Demand Bonds – Validity of demand – Sufficiency of description of breach.
WALTER LILLY & CO LTD v CLIN
[2016] BLR 247
JCT Contract with Quantities (2005 Rev 2) Designed Portion – Demolitions required – Planning consents – Obligations to secure consents – Risk of consents not obtained – Employer's area of responsibility – Implied terms to secure planning consents – Scope of implied terms – No absolute obligation implied – Contractor's implied duty to cooperate.
RMC BUILDING & CIVIL ENGINEERING LTD v UK CONSTRUCTION LTD
[2016] BLR 264
Adjudication – Nomination of Adjudicator – Dispute – Jurisdiction of the Adjudicator – The Scheme – Paragraph 2(4) of Part II.
DELUXE ART & THEME LTD v BECK INTERIORS LTD
[2016] BLR 274
Adjudication – Multiple disputes – Natural justice.
JOHN SISK & SON LTD v CARMEL BUILDING SERVICES LTD (IN ADMINISTRATION)
[2016] BLR 283
Arbitration award – Appeal on law – Court's approach – Award read in context and in commercial way – Burden of proof – Evidential burdens – Global and total costs claims – Difficulties in proof – Interest – Late Payment of Commercial Debts (Interest) Act 1998.
MUTUAL ENERGY LTD v STARR UNDERWRITING AGENTS LTD AND ANOTHER
[2016] BLR 312
Insurance contracts – Interpretation – Meaning of “deliberate non-disclosure”.
JAWABY PROPERTY INVESTMENT LTD v THE INTERIORS GROUP LTD AND ANOTHER
[2016] BLR 328
Adjudication – Validity of Interim Application – Validity of Pay Less Notice – Electronic service – compliance with contractual requirements – Waiver – Estoppel – Authority of Employer's Agent.
SOLAR CENTURY HOLDINGS LTD AND OTHERS v SECRETARY OF STATE FOR ENERGY AND CLIMATE CHANGE
[2016] BLR 341
Judicial Review – Whether participants in solar farms had a legitimate expectation that the statutory scheme would not be closed early – Statutory interpretation – Whether the Secretary of State's decision was unfair in a public law sense.
SOUTH ESSEX PARTNERSHIP UNIVERSITY NHS FOUNDATION v LAINDON HOLDING LTD
[2016] BLR 355
Landlord and tenant – Dilapidations – Date at which damages to be assessed – Trial or earlier.
TRANSOCEAN DRILLING UK LTD v PROVIDENCE RESOURCES PLC
[2016] BLR 360
Contracts – Exclusion and limitation of liability clauses – Knock-for-knock provisions – Consequential loss – Interpretation – Contra proferentem – Eiusdem generis – Whether exclusion clause deprives obligations of content – Set-off clauses.
COD HYDE LTD v SPACE CHANGE MANAGEMENT LTD
[2016] BLR 373
Statutory demand – Injunction to restrain presentation of winding-up petition – JCT Design and Build Contract 2011.
CARILLION CONSTRUCTION LTD v WOODS BAGOT EUROPE LTD AND OTHERS
[2016] BLR 382
Preliminary issue – Contract terms – Delay provisions – Extension of time – Effect on completion date.
STELLITE CONSTRUCTION LTD v VASCROFT CONTRACTORS LTD
[2016] BLR 402
Adjudication – Breach of natural justice – Claim for liquidated damages – Decision that time was at large – Whether breach of natural justice. – Adjudication – Jurisdiction – Decision as to reasonable time for completion – Whether outside adjudicator's jurisdiction.
HALSBURY HOMES LTD v ADAM ARCHITECTURE LTD
[2016] BLR 419
Adjudication – RIBA Standard Architects Conditions – Termination of engagement – Payment of fees after termination – Need for Pay Less Notices after termination – Costs and fees – Successful party – Fees of adjudicator recoverable by winning party in adjudication – Such fees reimbursable under clause 5.20.
J MURPHY & SONS LTD v W MAHER AND SONS LTD
[2016] BLR 435
Adjudication – Jurisdiction – Alleged full and final settlement agreement – Whether dispute about this arises under the subcontract.
J MURPHY & SONS LTD v BECKTON ENERGY LTD
[2016] BLR 448
Contracts – FIDIC Yellow Book – Employer's claims – Liquidated damages – Whether right to payment in absence of Engineer's determination. – Contracts – Amended standard form contracts – Interpretation – Omitted or deleted words – Inconsistent provisions. – On Demand Bonds – Demand requirements – Fraud exception – Injunction restraining demand. – Civil Procedure Rules – Part 8 – Truncated procedure – Contractual interpretation.
LUNGOWE AND OTHERS v VEDANTA RESOURCES PLC AND ANOTHER
[2016] BLR 461
Forum Conveniens – Whether claims for personal injury by Zambian nationals should be heard in England – Whether the claim against an English company served in jurisdiction was a device to enable foreign company to be sued in England – Principles applicable to staying or setting aside claim.
COYNE v MORGAN AND ANOTHER
[2016] BLR 491
Expert evidence – Imposition of conditions upon changing expert – Disclosure of draft report – “Expert shopping”.
HASTINGS BOROUGH COUNCIL v MANOLETE PARTNERS PLC
[2016] BLR 503
Dangerous structures – Building Act 1984 – Closure of structure under emergency powers under Act – Compensation payable under Act – Meaning of “default” in Act – Whether compensation payable.
MASCAREIGNES STERLING CO LTD v CHANG CHENG ESQUARES CO LTD
[2016] BLR 512
JCT Standard Form 1980 with design – Lump sum contract – Variations – Measure and value approach to valuation – Arbitration – Right of appeal – Public order under Mauritian Law – Absence of one day's transcript.
TURVILL v BIRD AND OTHERS
[2016] BLR 522
Costs – Non-party costs orders – Senior Courts Act 1981, section 51(3) – Exercise of discretion – Insolvent defendant company – No prospect of paying costs – Order against controlling shareholder – Dissipation of insurance proceeds – Deprivation of claim under Third Parties (Rights Against Insurers) Act 1930 – Misleading the court – Serious impropriety – Extent necessary to prove causation of loss.
GROUND DEVELOPMENTS LTD v FCC CONSTRUCCION SA AND OTHERS
[2016] BLR 532
Adjudication – Jurisdiction – Formation of contract – Natural justice – Summary judgment.
T v C
[2016] BLR 548
Arbitration – Hong Kong – Enforcement of foreign arbitral award – Public policy – Allegation of forged documents and fraud – Need for evidence – Determination by foreign supervisory court – Arbitration Ordinance Cap 341, section 44(3).
HOWMET LTD v ECONOMY DEVICES LTD AND OTHERS
[2016] BLR 555
Negligence – Product liability – Property damage – Causation – Knowledge of defect – Break in chain of causation. – Breach of statutory duty – Consumer Protection Act 1987 – Electrical Equipment (Safety) Regulations 1994 (SI 1994 No 3260) – Causation – Knowledge of defect – Break in chain of causation. – Evidence – Causation – Whether judge obliged to choose between unlikely causes – Failure to discharge burden of proof. – Companies – Knowledge – Attribution of employees’ knowledge – Constructive knowledge.
TRONIC INTERNATIONAL PTE LTD (SINGAPORE) v TOPCO SCIENTIFIC CO LTD (TAIWAN) AND OTHERS
[2016] BLR 575
ICC arbitration – Arbitration Ordinance – UNCITRAL Model Law on Commercial Arbitration – Article 34(2)(a) – Application to set aside final award – Procedural unfairness – Applications to arbitral tribunal for inspection and for stay of proceedings – ICC Terms of Reference – Tribunal raising with parties new point not previously raised – Damages based on new point raised.
PAICE AND ANOTHER v MATTHEW J HARDING (TRADING AS M J HARDING CONTRACTORS)
[2016] BLR 582
Adjudication – Enforcement – Alleged lateness of decision – Alleged apparent bias – Part of decision said to be reached outside jurisdiction of adjudicator – Severance.
ALLEN TOD ARCHITECTURE LTD (IN LIQUIDATION) v CAPITA PROPERTY AND INFRASTRUCTURE LTD (PREVIOUSLY KNOWN AS CAPITA SYMONS LTD)
[2016] BLR 592
Expert evidence – Imposition of conditions upon changing expert – “Expert shopping”.
ZVI CONSTRUCTION CO LLC v THE UNIVERSITY OF NOTRE DAME (USA) IN ENGLAND
[2016] BLR 604
Expert determination – Jurisdiction – Submission to jurisdiction. – Estoppel by convention – Whether estoppel as to expert's determination. – Non-variation and non-waiver clause – Whether variation of or waiver of that clause.
ENERGY SOLUTIONS EU LTD v NUCLEAR DECOMMISSIONING AUTHORITY
[2016] BLR 625
Public procurement – Public Contract Regulations 2006 (SI 2006 No 5) – Regulation 4(3) – Equal treatment – Transparency – Regulations 18, 30 and 32 – Manifest error – Need to establish right tender score after manifest errors established – Margin of appreciation – Changing the decision-making procedure part way through process – Agreement to pay witnesses success fee – Lawfulness – Weight to give to such evidence.
AMEY WYE VALLEY LTD v THE COUNTY OF HEREFORDSHIRE DISTRICT COUNCIL
[2016] BLR 698
Adjudication – Enforcement – Multiple adjudications – Final determination of dispute.