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ADAM ARCHITECTURE LTD v HALSBURY HOMES LTD

[2018] BLR 1

Adjudication – Pay Less Notices – Final account – Termination. – Housing Grants, Construction and Regeneration Act 1996, section 111.

MERIT HOLDINGS LTD v MICHAEL J LONSDALE LTD

[2018] BLR 14

CPR Part 8 – Declarations – Substance of claim – Whether adjudication business – Whether TCC Guide followed – Disputes of fact – Determining contractual terms.

PETROLEUM COMPANY OF TRINIDAD AND TOBAGO LTD v SAMSUNG ENGINEERING TRINIDAD CO LTD

[2018] BLR 24

Arbitration Act 1996, section 67 – Jurisdiction of Tribunal to decide dispute – Challenge to the Arbitration Award – Status of Terms of Reference.

MULTIPLEX CONSTRUCTION EUROPE LTD (FORMERLY BROOKFIELD MULTIPLEX CONSTRUCTION EUROPE LTD) v DUNNE

[2018] BLR 36

Indemnity – Whether contract gave rise to primary or secondary obligations – Nature of obligations owed.

R (HERSI & CO SOLICITORS) v THE LORD CHANCELLOR (AS SUCCESSOR TO THE LEGAL SERVICE COMMISSION)

[2018] BLR 51

Procurement – Public Contracts Regulations 2006 (SI 2006 No 5).

DYNNIQ UK LTD v LANCASHIRE COUNTY COUNCIL

[2018] BLR 81

Contractual interpretation – Term service contract – Entitlement to payment.

THE ROYAL DEVON & EXETER NHS FOUNDATION TRUST v ATOS IT SERVICES UK LTD

[2018] BLR 90

Contract – Limitation of liability – Consequential damages – Exclusion of liability – Points of construction – Appeal from findings on preliminary issues. – Appeal – Permission to appeal – Whether new case sought to be argued on appeal – Whether permission should be granted.

ZIGGURAT (CLAREMONT PLACE) LLP v CC INTERNATIONAL INSURANCE COMPANY PLC

[2018] BLR 98

Bond – Position of Surety – JCT 2011 standard building contract – Termination of contract – Need for financial accounting – Insolvency and other defaults – Liability of contractor – Liability under Bond.

BURNSIDE v PROMONTORIA (CHESTNUT) LTD

[2018] BLR 111

Contract – Implied term that it be performed “within a reasonable time” – Whether excluded by entire agreement clause – Whether necessary to stipulate what was a reasonable time.

SYSTEMS PIPEWORK LTD v ROTARY BUILDING SERVICES LTD

[2018] BLR 123

Payment notices – Final account – Validity – Whether document notifies the “proper amount due for payment” – Whether adjudication notice constitutes notice of “dissent” from notification of amount due.

VICTORY HOUSE GENERAL PARTNER LTD v RGB P&C LTD

[2018] BLR 133

Adjudication – Natural justice – New points raised by adjudicator – Parties given opportunity to respond – Part 8 proceedings – Inappropriate where factual issues exist.

GLEN WATER LTD v NORTHERN IRELAND WATER LTD

[2018] BLR 141

Contractors’ claims – Compensation events – Notice requirements – Conditions precedent – Interpretation of notices – Whether notice of compensation event claim given.

NORTHERN IRELAND HOUSING EXECUTIVE v HEALTHY BUILDINGS (IRELAND) LTD

[2018] BLR 157

NEC3 – Professional Services Contract – Clauses 60 to 65 – Compensation events – Assessment of the effect of the compensation event – Basis of calculation.

INTERACTIVE E SOLUTIONS JLT AND ANOTHER v O3B AFRICA LTD

[2018] BLR 167

Contract – Exclusion clause – Interpretation of the exclusion clause – Whether a claim for damages fell within the fraud proviso – What comprises relevant fraud to bring a claim within the fraud proviso.

GROVE DEVELOPMENTS LTD v S&T(UK) LTD

[2018] BLR 173

Notices – Contractual requirements – Whether strictly satisfied. – Adjudication – Enforcement – Separate adjudication regarding “true” value of interim application.

PROBUILD CONSTRUCTIONS (AUST) PTY LTD v SHADE SYSTEMS PTY LTD AND ANOTHER

[2018] BLR 201

Administrative Law – Judicial review – Certiorari – Whether error of law on face of record – Whether adjudicator's decision amenable to relief – Whether Building and Construction Industry Security of Payment Act 1999 (NSW) ousted jurisdiction of Supreme Court under Supreme Court Act 1970 (NSW).

AMEY BIRMINGHAM HIGHWAYS LTD v BIRMINGHAM CITY COUNCIL

[2018] BLR 225

Contractual interpretation – PFI contract – Independent certification – Manifest error.

EL GAMAL v SYNERGY LIFESTYLE LTD

[2018] BLR 246

Costs – Part 36 offers – Part payments on account of liability – Whether part payment reduces the amount of an earlier Part 36 offer.

PHONES 4U LTD (IN ADMINISTRATION) v EE LTD

[2018] BLR 255

Contract – Termination of contract for breach – Notice of termination under contractual provisions – Subsequent reliance on repudiatory breach – Damages for loss of bargain.

EQUITIX ESI CHP (WREXHAM) LTD v BESTER GENERACION UK LTD

[2018] BLR 281

Adjudication – Ad hoc adjudications – Construction operations – Scheme – Reservation for jurisdiction objections – Stay of proceedings – Quality of evidence about ability to repay.

LLOYDS BANK PLC v MCBAINS COOPER CONSULTING LTD

[2018] BLR 297

Progress monitoring - Scope of duty - Causation - Contributory negligence.

COMPUTER ASSOCIATES UK LTD v THE SOFTWARE INCUBATOR LTD

[2018] BLR 307

Commercial Agents (Council Directive) Regulations 1993 (SI 1993 No 3053) – Software supply – Whether “goods” for purposes of Regulations.

CLIN v WALTER LILLY & CO LTD

[2018] BLR 321

JCT Standard Building Contract with Quantities (2005 Edition, Revision 2) – Implied terms – Incidence of responsibility for planning permits and consents – Scope of implied obligation in relation to planning permits and consents – Allocation of risk of failure to obtain required permissions and consents.

BUBBLES & WINE LTD v LUSHA

[2018] BLR 341

Court proceedings – Bias apparent or actual – Objective test of fair-minded and informed observer – Seeing one side's counsel – Expression of preliminary or provisional views – Judge's request that such views be passed on – Judge's emails to parties thereafter.

GOSVENOR LONDON LTD v AYGUN ALUMINIUM UK LTD

[2018] BLR 353

Enforcement of an adjudicator's decision – Challenge to enforcement on the grounds of fraud – Application for a stay – Applicable principle where risk claimant would organise its affairs for the purpose of avoiding repayment of adjudication sum.

HALLIBURTON COMPANY v CHUBB BERMUDA INSURANCE LTD AND OTHERS

[2018] BLR 375

Arbitration – Arbitrators – Bias apparent or actual – Objective test of fair-minded and informed observer – Arbitrator's appointment in multiple references – Same or overlapping subject matter – Need for disclosure – Circumstances which may give rise to justifiable doubts as to his impartiality – Consequences of non-disclosure – IBA Guidelines – Arbitration Act 1996 section 24(1)(a).

DAEWOO SHIPBUILDING & MARINE ENGINEERING COMPANY LTD v SONGA OFFSHORE EQUINOX LTD AND ANOTHER

[2018] BLR 393

Arbitration claim – Arbitration Act 1996, section 69 – 28-day period within which to appeal – Date from which time starts to run under Arbitration Act 1996, section 70 – Materiality – Application for extension of time under Arbitration Act 1996, section 80.

PROBUILD CONSTRUCTIONS (AUST) PTY LTD v DDI GROUP PTY LTD

[2018] BLR 415

Adjudication – Construction contract – Australia – Building and Construction Industry Security of Payment Act 1999 (NSW) – Set-off for liquidated damages – Entitlement to extension of time – Possible act of prevention – Scope of what was referred to adjudication – Breach of natural justice – Rough justice – Analysis of adjudication submissions on pragmatic non-legalistic basis.

R G CARTER BUILDING LTD v KIER BUSINESS SERVICES LTD (FORMERLY MOUCHEL BUSINESS SERVICES LTD)

[2018] BLR 441

Settlement – Contribution – Civil Liability (Contribution) Act 1978, section 1(4) – Limitation Act 1980, section 10(4) – Date of agreement – Whether binding agreement necessary to start limitation period running – Extent of agreement required where settlement payment is payment in kind.

TETRONICS (INTERNATIONAL) LTD v HSBC BANK PLCBLUEOAK ARKANSAS LLC (INTERVENER)

[2018] BLR 450

Bank Guarantee – Call – Injunction – Restraining Bank – Fraud exception – Balance of convenience.

ROCK ADVERTISING LTD v MWB BUSINESS EXCHANGE CENTRES LTD

[2018] BLR 479

“No oral modification” clauses – Whether legally effective – Whether “no oral modification” clauses can be varied orally – Whether intention to vary a “no oral modification” clause is implied from an attempted oral variation of substantive obligations – Analogy with “entire agreement” clauses – Estoppel. – Variations – Consideration – Promises to perform existing obligations – Whether an agreement to pay less or the same money is supported by consideration.

GOODLIFE FOODS LTD v HALL FIRE PROTECTION LTD

[2018] BLR 491

Unfair Contract Terms Act 1977 – Sections 2 and 11 and Schedule 2 – Fire – Exclusion clause – Claim in negligence and breach of statutory duty – Bringing notice of exclusion clause to the attention of the customer – Effect on remainder of clause – Reasonableness of clause.

(1) HABERDASHERS’ ASKE'S FEDERATION TRUST LTD, (2) THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF LEWISHAM v (1) LAKEHOUSE CONTRACTS LTD,(2) CAMBRIDGE POLYMER ROOFING LTD((1) ZURICH INSURANCE, (2) QBE CASUALTY SYNDICATE 386 AND (3) CNA INSURANCE COMPANY LTD, THIRD PARTIES)

[2018] BLR 511

Insurance – Project Insurance – Contractors’ All Risk Insurance – Subrogation – Whether sub-contractor co-insured.

LANCASHIRE CARE NHS FOUNDATION TRUST AND BLACKPOOL TEACHING HOSPITALS NHS FOUNDATION TRUST v LANCASHIRE COUNTY COUNCIL

[2018] BLR 532

Procurement – Public Contracts Regulations 2015 (SI 2015 No 102) – “Light Touch” Procedure under regulations 74 to 76 – Obligation of transparency – Lack of records of evaluation process – Whether decision unlawful.

EASTERN EUROPEAN ENGINEERING LTD v VIJAY CONSTRUCTION (PROPRIETARY) LTD

[2018] BLR 555

Freezing order – CPR 25.1(1)(f) – Arbitration Act 1996, section 101 – Application for relief in support of arbitration enforcement proceedings – Circumstances in which worldwide freezing order appropriate.

NORTH MIDLAND BUILDING LTD v CYDEN HOMES LTD

[2018] BLR 565

Acts of prevention - JCT Design and Build Contract 2005 - Extension of time - Concurrent delay caused by Contractor - Clause requiring such concurrent delays to be disregarded enforceable - Implied term preventing imposition of liquidated damages.

VINCI CONSTRUCTION UK LTD v BEUMER GROUP UK LTD

[2018] BLR 575

Adjudication – Breach of natural justice – Inconsistent findings with previous decisions – Failure to give reasons for decision – Failure to order disclosure of material from another adjudication in which an inconsistent case was allegedly advanced.

MOORE AND ANOTHER v NATIONAL WESTMINSTER BANK

[2018] BLR 586

Measure of damages – Diminution in value – Cost of repair – Approach to evidence by trial judge – Mortgage valuation – Home Buyers Report.

MICHAEL J LONSDALE (ELECTRICAL) LTD v BRESCO ELECTRICAL SERVICES LTD (IN LIQUIDATION)

[2018] BLR 593

Adjudication – Insolvency set-off – Whether company in liquidation can refer dispute to adjudication where dispute includes determination of claim for further sums said to be due to referring party from responding party – Insolvency Rules 1986 (SI 1986 No 1925), rule 4.90 – Insolvency Rules (England and Wales) 2016 (SI 2016 No 1024), rule 14.25.

SINGLE BUOY MOORINGS INC v ASPEN INSURANCE LTD (ON BEHALF OF ALL UNDERWRITERS SUBSCRIBING TO POLICY NO HL250608 SAVE FOR AIG EUROPE LTD)

[2018] BLR 616

CPR 31.20 – Disclosure by party of privileged material by mistake – Application by other party to rely on the documents – Litigation Privilege – Without prejudice privilege – Redactions from disclosed documents.

GLOBALNET MANAGEMENT SOLUTIONS INC AND OTHERS v CORNERSTONE CBS BUILDING SOLUTIONS LTD AND ANOTHER

[2018] BLR 633

Damages – Tort and contract – Original client's transfer of property – Transfer not at arm's length – No assignment of causes of action – Remedial works costs incurred by original client – Principle that defaulting parties should not avoid liability.

SWANSEA STADIUM MANAGEMENT COMPANY LTD v CITY AND COUNTY OF SWANSEA AND ANOTHER

[2018] BLR 652

Limitation – CPR Part 3.4(2) – Striking out a statement of case – CPR Part 24.2 summary judgment on a defence – Case management.

HODGSON v NATIONAL HOUSE BUILDING COUNCIL

[2018] BLR 663

NHBC Scheme – Claim under Buildmark Policy – Settlement agreement of claim by householder – CPR Part 24 – Summary judgment sought on defence – CPR Part 3(4) – Strike out of claimant's statement of case – Whether there was a recoverable loss – previously litigated claims – abuse of process.

NETWORK RAIL INFRASTRUCTURE LTD v WILLIAMS AND ANOTHER

[2018] BLR 684

Private nuisance – Japanese knotweed.

BILFINGER CONSTRUCTION UK LTD v THE EDINBURGH TRAM INQUIRY

[2018] BLR 698

Public inquiry – Confidential information – Challenge to refusal to give restriction order – Whether decision contrary to duty of fairness in Inquiries Act 2005, section 17(3) – Whether decision unlawful interference with possessions under A1P1 – Whether decision rational.

DHL SUPPLY CHAIN LTD v SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE (UNIPART GROUP LTD, INTERESTED PARTY)

[2018] BLR 709

Procurement – Public Contracts Regulations 2015 (SI 2015 No 102) – CPR Part 24 – Summary judgment sought by defendant. – Public Contracts Regulations 2015 (SI 2015 No 102), regulations 95 and 96 – Automatic suspension – Application to lift automatic suspension – Whether damages adequate remedy – Balance of convenience.

PALMER BIRCH (A PARTNERSHIP) v LLOYD AND ANOTHER

[2018] BLR 722

Economic torts – Inducing breach of contract – Unlawful interference – Failure to fund contracting party – Distinction between mere prevention and inducement – Unlawful means conspiracy – Effect of corporate veil on claims against directors for conspiracy – Conversion.

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