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VALE SA v BHP GROUP (UK) LTD AND BHP GROUP LTD

[2024] BLR Plus 1

Court of Appeal - Permission to appeal - Test for grant of permission.

CRYSTAL ELECTRONICS LTD v DIGITAL MOBILE SPECTRUM LTD

[2024] BLR Plus 2

Adjudication - Construction operations - Housing Grants, Construction and Regeneration Act 1996, sections 104 and 105 - Installation of systems forming part of the land - Matter of fact and degree - Work on televisions and aerials.

J & B HOPKINS LTD v A & V BUILDING SOLUTIONS LTD

[2024] BLR Plus 3

Permission to appeal - Stay of execution - Consequential orders.

VAN ELLE LTD v KEYNVOR MORLIFT LTD

[2024] BLR Plus 4

Adjudication - Construction operations - Housing Grants, Construction and Regeneration Act 1996, sections 104 and 105 - Installation forming part of the land - Where England ends - Were works within England - Natural justice - Matters not addressed by adjudicator.

CHURCHILL v MERTHYR TYDFIL COUNTY BOROUGH COUNCIL, (THE LAW SOCIETY, THE BAR COUNCIL, THE CIVIL MEDIATION COUNCIL, THE CENTRE FOR EFFECTIVE DISPUTE RESOLUTION, THE CHARTERED INSTITUTE OF ARBITRATORS, HOUSING LAW PRACTITIONERS’ ASSOCIATION, THE SOCIAL HOUSING LAW ASSOCIATION, INTERVENERS)

[2024] BLR Plus 5

CPR 26.5 - Practice Direction on Pre-Action Conduct and Protocols - Whether a court can order parties to engage in ADR - The circumstances in which an order should be made.

MUNICÍPIO DE MARIANA AND OTHERS v BHP GROUP (UK) LTD AND ANOTHER

[2024] BLR Plus 6

Arbitration Act 1996, section 9 - Stay - Abuse of process.

GLOVER AND ANOTHER v FLUID STRUCTURAL ENGINEERS AND TECHNICAL DESIGNERS LTD

[2024] BLR Plus 7

Strike-out - Summary judgment - Structural engineer's scope of duty - Liability for costs in investigating claims as a result of alleged negligence - Liability to repay fees.

UNIVERSITY OF EXETER v ALLIANZ INSURANCE PLC

[2024] BLR Plus 8

Insurance - War exclusion - Unexploded World War II bomb - Damage occurring over 70 years later - Human intervention - Proximate cause - Dominant effective and efficient cause - Common sense - But for test - Passage of time - Concurrent causes.

LANCASHIRE SCHOOLS SPC PHASE 2 LTD (FORMERLY CATALYST EDUCATION (LANCASHIRE) PHASE 2 LTD) v LENDLEASE CONSTRUCTION (EUROPE) LTD (FORMERLY BOVIS LEND LEASE LTD) AND OTHERS

[2024] BLR Plus 9

Dispute resolution - Adjudication - Condition precedent to litigation.

ILUMINESIA LTD (T/A ALTEREGO FACADES) v RFL FACADES LTD

[2024] BLR Plus 10

Adjudication – Summary judgment – Offer and acceptance – Incorporation of standard terms – Whether contractual right to adjudicate – Validity of Notice of Adjudication – Deciding matters not referred – Natural justice – Approbation and reprobation.

BELLWAY HOMES LTD v SURGO CONSTRUCTION LTD

[2024] BLR Plus 11

Adjudication - Application to enforce adjudicator's decision.

CLS CIVIL ENGINEERING LTD v WJG EVANS AND SONS (A PARTNERSHIP)

[2024] BLR Plus 12

CPR Part 8 – Part 8 claim – Alleged disputed facts – Use of Part 8 proceedings – Real issue between the parties – Estoppel – Real prospect of success – Applying Part 24 test.

UNICREDIT BANK GMBH (A COMPANY INCORPORATED UNDER THE LAWS OF GERMANY) v RUSCHEMALLIANCE LLC (A COMPANY INCORPORATED UNDER THE LAWS OF THE RUSSIAN FEDERATION)

[2024] BLR Plus 13

Anti-suit injunction - On demand bonds - Bonds provided for English law and ICC arbitration in Paris - Proceedings started in Russia - Anti-suit injunction - Whether UK court had jurisdiction - Whether UK court was proper forum - CPR 6.37(3).

WOL (LONDON) LTD v CROYDON INVESTMENTS LTD AND OTHERS

[2024] BLR Plus 14

Striking out – CPR Part 3.4(2)(a) – Correct approach – Realistic prospect of success – Contractual interpretation – Relevance of collateral warranties – Defects and snagging.

TRIATHLON HOMES LLP v STRATFORD VILLAGE DEVELOPMENT PARTNERSHIP AND OTHERS

[2024] BLR Plus 15

Building Safety Act 2022 - Remedial Contribution Orders - Waking watch costs - Whether just and equitable.

IBM UK LTD v LZLABS GMBH AND OTHERS

[2024] BLR Plus 16

Evidence - Confidential information - Disclosure.

TOPALSSON GMBH v ROLLS ROYCE MOTOR CARS LTD

[2024] BLR Plus 17

Non-party costs orders - Disclosure of funding arrangements - Risk of breach of foreign civil or criminal law.

KING JOHN BARI-IYIEDUM BEREBON AND OTHERS v SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA

[2024] BLR Plus 18

Act of State doctrine - Striking out - Abuse of Process – Mandatory injunction - Lengthy stays of proceedings - Application to restore claim and lift latest stay - Summary judgment application by defendant.

TAYLOR v JONES AND ANOTHER TAYLOR v SPRIGGS

[2024] BLR Plus 19

Costs - CPR 44 - The winner on appeal - Principles.

BELLWAY HOMES LTD v SURGO CONSTRUCTION LTD

[2024] BLR Plus 20

Part 7 - Summary judgment to enforce decision of adjudicator - Whether contract adjudication scheme compliant with HGCRA - Whether adjudicator properly appointed - Jurisdiction challenge - Part 8 claim for declaration - Whether adjudicator wrong on point of law - Whether enforcement should be refused.

SOUTH EAST WATER LTD v ELSTER WATER METERING LTD

[2024] BLR Plus 21

Application by defendant to strike out claim - Application for summary judgment on its defence - Unfair Contract Terms Act - Terms of framework agreement

BATTERSEA PROJECT PHASE 2 DEVELOPMENT COMPANY LTD v QFS SCAFFOLDING LTD

[2024] BLR Plus 22

Adjudication - Part 8 proceedings - Enforcement of adjudicator's decision - Conclusive evidence - JCT contracts

AFFINITY WATER LTD v HIGH SPEED TWO (HS2) LTD

[2024] BLR Plus 23

Summary judgment application - Real and not fanciful prospects of success - Factual matrix in issue - Unsuitability for summary disposal

JALLA AND OTHERS v ROYAL DUTCH SHELL PLC AND OTHERS

[2024] BLR Plus 24

Costs - CPR 44 - Whether cost should be awarded on the indemnity basis - Whether a proportional costs order should be made - Payment on accounts of costs - Wasted cost order - Senior Courts Act 1981, section 51 - CPR 46.8 - Practice Direction 46 - Non party cost order - Application for disclosure against a non-party - CPR 31.17

PINEWOOD TECHNOLOGIES ASIA PACIFIC LTD v PINEWOOD TECHNOLOGIES PLC

[2024] BLR Plus 25

Non-compliance with court order – Extension of time for compliance with court order – Unless order.

MORGANSTONE LTD v BIRKEMP LTD

[2024] BLR Plus 26

Adjudication – Construction of contract terms – Payment terms schedule – Dates for pay less notices – Claim for declarations under CPR Part 8. Adjudication – Natural justice – Erroneous view of jurisdiction taken by adjudicator – Failure by adjudicator to consider all defences – Failure to consider cross claims – Breach of natural justice and refusal to enforce decision under CPR Part 7.

TCLARKE CONTRACTING LTD v BELL BUILD LTD

[2024] BLR Plus 27

Part 8 and Part 7 proceedings - Adjudication decision - Review or appeal from adjudication decision - Factual disputes.

LLOYDS DEVELOPMENTS LTD (IN ADMINISTRATION) v ACCOR HOTELSERVICES UK LTD

[2024] BLR Plus 28

Civil procedure - Unless orders - Relief from sanctions - Extensions of time.

ISG RETAIL LTD v FK CONSTRUCTION LTD

[2024] BLR Plus 29

Part 8 - Suitability - Factual issues.

SHAYLOR GROUP LTD (IN ADMINISTRATION) v VALESCURE PROPERTY LTD (IN LIQUIDATION)

[2024] BLR Plus 30

Part 8 - Declaratory relief - Whether adjudicator wrong in calculating termination losses - When appropriate to exercise discretion to make declaration in absence of one party.

ABBEY HEALTHCARE (MILL HILL) LTD v AUGUSTA 2008 LLP (FORMERLY SIMPLY CONSTRUCT (UK) LLP)

[2024] BLR Plus 31

Adjudication - Jurisdiction - Housing Grants, Construction and Regeneration Act 1996 - Collateral warranties - Adjudication provisions - Whether a collateral warranty was an agreement "for … the carrying out of construction operations" in section 104 - Whether adjudicator had jurisdiction to determine dispute under collateral warranty.

MCLAUGHLIN & HARVEY LTD v LJJ LTD

[2024] BLR Plus 32

Adjudication decision – Power to revise decision – Clerical or typographical error – Approbation and reprobation – First decision revised – Error of jurisdiction in revision.

PEVENSEY COASTAL DEFENCE LTD v ENVIRONMENT AGENCY

[2024] BLR Plus 33

Part 8 proceedings – PFI contract – Change – Ability to claim increased costs as a result of increased frequency of storm events.

GLOVER AND ANOTHER v FLUID STRUCTURAL ENGINEERS AND TECHNICAL DESIGNERS LTD AND OTHERS

[2024] BLR Plus 34

Interference with expert joint statement process – Permission for new expert witness.

ENVIRONMENT AGENCY v HIGH SPEED TWO (HS2) LTD

[2024] BLR Plus 35

Application for interim injunction – Arbitration Act 1996, section 44(3) – Jurisdiction – Meaning of “assets” – Whether order “necessary” to preserve assets.

WEST 28TH STREET LTD, UKRP (FOXHOLES) LTD (IN LIQUIDATION) v HALSTEAD ASSOCIATES LTD (T/A HALSTEAD ASSOCIATES)

[2024] BLR Plus 36

Assignment - Right to sue - Strike out

OUTOTEC (USA) INC AND ANOTHER v MW HIGH TECH PROJECTS UK LTD

[2024] BLR Plus 37

Striking out - Abuse of process - Vexation, oppression and harassment - New proceedings for misrepresentation - New claim could have been raised in earlier proceedings - Public interest - Judge's discretion not plainly wrong or perverse.

MANCHESTER SHIP CANAL COMPANY LTD v UNITED UTILITIES WATER LTD

[2024] BLR Plus 38

Nuisance - Fulfilment of statutory function by statutory sewage undertaker - Whether potential cause of action on part of landowner was excluded by statute - Express or implied statutory removal of rights - Water Industry Act 1991 - Consolidation statute.

PROCESS & INDUSTRIAL DEVELOPMENTS LTD (A BVI CORPORATION) v THE FEDERAL REPUBLIC OF NIGERIA

[2024] BLR Plus 39

Costs - Currency of award.

SECRETARY OF STATE FOR LEVELLING UP, HOUSING AND COMMUNITIES v GREY GR LTD PARTNERSHIP

[2024] BLR Plus 40

Building Safety Act, section 123 – Remediation Order – The Building Safety (Leaseholder Protections) (Information etc) (England) Regulations 2022 (SI 2022 No 859), regulation 2(2) – Power of First-tier Tribunal to make a remediation order – Whether Tribunal has a discretion – Considerations relevant to the exercise of the discretion.

BELL BUILDING LTD v TCLARKE CONTRACTING LTD

[2024] BLR Plus 41

Adjudication – Pay less notice – Valuation of claim – Natural justice.

PROVIDENCE BUILDING SERVICES LTD v HEXAGON HOUSING ASSOCIATION LTD

[2024] BLR Plus 42

JCT Design and Build Contract – Entitlement to terminate under clause 8.9.4.

DAWNVALE CAFE COMPONENTS LTD v HYLGAR PROPERTIES LTD

[2024] BLR Plus 43

Tomlin Order - Adjudication - Enforcement proceedings settled - Full and final settlement of all claimant's claims - Arising from or in connection with these proceedings meaning - Same or substantially the same dispute.

PEABODY TRUST v NATIONAL HOUSE-BUILDING COUNCIL

[2024] BLR Plus 44

Summary judgment – Date on which cause of action in insurance against contractor’s insolvency accrues for the purpose of limitation.

CNO PLANT HIRE LTD v CALDWELL CONSTRUCTION LTD

[2024] BLR Plus 45

Summary judgment in respect of adjudication decision – Set-off of second adjudication decision against first adjudication decision.

UNICREDIT BANK GMBH v RUSCHEMALLIANCE LLC

[2024] BLR Plus 46

On-demand Bonds – English law governing Bonds – ICC Arbitration in Paris – Law governing arbitration – Curial law governs arbitration process – Russian sanctions – Claim on Bonds – Russian proceedings – Anti-suit injunction – Jurisdiction of English court – Forum conveniens.

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