We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

Building Law Reports Plus RSS feed

S&T (UK) LTD v GROVE DEVELOPMENTS LTD

Adjudication - Housing Grants, Construction and Regeneration Act 1996, sections 108 to 111 - Pay Less Notices - Interpretation of Notices - Definition of "specify" the basis on which sum is calculated - Entitlement of Employer to adjudicate on correct value of interim payment entitlement - Need for Employer to pay sum decided by adjudicator as due before it so adjudicates - Standard JCT Design and Build Contract 2011 contract - Timing between liquidated damages notices.

[2019] BLR Plus 2

CHERN v APILOA CORPORATION AND ANOTHER

Technology and Construction Court - Transfer - Claims appropriate for a High Court TCC judge - Adjudication matters - Adjudicators' fee claims.

[2019] BLR Plus 9

GOSVENOR LONDON LTD v AYGUN ALUMINIUM UK LTD

Adjudication enforcement - Stays of enforcement - Applicable principles where real risk of dissipation of adjudication sum before final judgment - Applicable principles regarding fraud allegations raised to support stay application.

[2019] BLR Plus 10

NDOLE ASSETS LTD v DESIGNER M&E SERVICES UK LTD

Civil procedure - Statutory interpretation - Conduct of litigation - Reserved legal activities - Service of claim form - Consequence of service by an unqualified person

[2019] BLR Plus 11

GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA

Arbitration award - Enforcement - State Immunity Act 1978, section 12 - State immunity - CPR r 62.18 - Service through UK Foreign and Commonwealth Office - Section 12 mandatory - Service cannot be dispensed with

[2019] BLR Plus 13

WELLS v DEVANI

Contract - Binding contract - Implied terms

[2019] BLR Plus 18

AQABA CONTAINER TERMINAL (PVT) CO v SOLETANCHE BACHY FRANCE SAS

Anti-suit injunction - Construction contract for works in Jordan - Termination and repudiation issues - ICC Arbitration in London - Award issued against Contractor - Jordanian proceedings seeking unconstitutionality declaration relating to letting of Construction contract - Strong reasons not to grant anti-suit injunction - Court's discretion

[2019] BLR Plus 19

MEARS LTD v COSTPLAN SERVICES (SOUTH EAST) LTD AND OTHERS

Practical completion - Patent defects - Whether clause prevents certification of practical completion - Whether defect is "trifling" or de minimis - Effect on practical completion of whether defect is capable of economic remedy.

[2019] BLR Plus 23

DONALD INSALL ASSOCIATES LTD v KEW HOLDINGS LTD

Adjudication - Jurisdiction of adjudicator - Challenge based on identity of contracting party - Challenge based on no crystallised dispute - Challenge based on the requirement for writing in Housing Grants, Construction and Regeneration Act 1996, section 107.

[2019] BLR Plus 24

TRIPLE POINT TECHNOLOGY INC v PTT PUBLIC COMPANY LTD

Liquidated damages for delay where work not completed - Damages a penalty - Operation of liquidated damages provision after termination - Operation of contractual cap on damages - Meaning of exclusion from operation of cap of liability resulting from "negligence".

[2019] BLR Plus 25

LUNGOWE AND OTHERS v VEDANTA RESOURCES PLC AND ANOTHER

Jurisdiction - Whether claims by Zambian Nationals should be brought in England - Recast Brussels Regulation - Abuse of EU law - Whether claim disclosed a real issue to be tried against Vedanta - Proper place for bringing claim - Whether Substantial Justice available if claims tried in Zambia

[2019] BLR Plus 28

PBS ENERGO AS v BESTER GENERACION UK LTD

Adjudication - Summary judgment - Fraud - Decision procured by fraud - Whether induced decision of adjudicator - Whether summary judgment should be granted

[2019] BLR Plus 29

P v D AND OTHERS

Arbitration - Arbitration Act 1996, section 68 - Fairness and impartiality - Loan agreement - Extensions allegedly agreed by oral agreement - No relevant documentary evidence - Only witness evidence available - Challenge on key evidential differences needed in cross-examination - Serious irregularity - Substantial injustice

[2019] BLR Plus 32

INDIGO PROJECTS LONDON LTD v RAZIN AND ANOTHER

Adjudication - Insolvency - Company Voluntary Arrangement ("CVA") - Enforcement of adjudicator's decision issued before enforcing company enters into a CVA - Partial and full stays of enforcement - Payment into court of amount determined by adjudicator

[2019] BLR Plus 33

RGB P&C LTD v VICTORY HOUSE GENERAL PARTNER LTD

Adjudication enforcement - Summary judgment - Breach of natural justice - Allegation that adjudicator decided the matter on a basis not advanced by or canvassed with the parties - Allegation of failure to consider a defence

[2019] BLR Plus 34

AMEY HIGHWAYS LTD v WEST SUSSEX COUNTY COUNCIL

Public procurement - Abandonment of procurement - Whether abandonment lawful - Whether abandonment extinguished damages claim by unsuccessful tenderer - Whether unsuccessful tenderer had suffered loss and damage even though procurement abandoned

[2019] BLR Plus 35

COREBUILD LTD v CLEAVER AND ANOTHER

Adjudication - Error of fact or law in decision - Proper approach - Natural justice - No evidence or submission on determinative point - Stay of execution - Insolvency

[2019] BLR Plus 38

BABCOCK MARINE (CLYDE) LTD v HS BARRIER COATINGS LTD

Adjudication - Jurisdiction of court - Scottish contract - Proceedings to enforce adjudicator's decision in England - Civil Jurisdiction and Judgments Act 1982, section 16 and Schedule 4 – Section 49 English court's discretion to stay proceedings in favour of more suitable jurisdiction within UK - Country of closest connection

[2019] BLR Plus 40

AIC LTD v THE FEDERAL AIRPORTS AUTHORITY OF NIGERIA

Arbitration – Enforcement of award – New York Convention – Arbitration Act 1996, section 103 – Application to set aside award in another country – Adjournment of enforcement proceedings – Practice – Security for costs on adjournment.

[2019] BLR Plus 41

GENERAL DYNAMICS UNITED KINGDOM LTD v STATE OF LIBYA

Arbitration award – Enforcement against State – State Immunity Act 1978, section 12 – CPR r 62.18 – Service through UK Foreign and Commonwealth Office – Whether Service can be dispensed with.

[2019] BLR Plus 44

SOLARIA ENERGY UK LTD v DEPARTMENT FOR BUSINESS, ENERGY AND INDUSTRIAL STRATEGY

Claim for loss resulting from unlawful action in accordance with section 8 of the Human Rights Act 1998 – Allegations of unjustified interference with peaceful enjoyment of possessions contrary Article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (“A1P1”) – Meaning of “A1P1 possessions” – Interpretation and application of limitation defence under section 7(5) of the Human Rights Act 1998.

[2019] BLR Plus 45

C SPENCER LTD v MW HIGH TECH PROJECTS UK LTD

Adjudication – Construction operations – Non-construction operations – Housing Grants, Construction and Regeneration Act 1996 (as amended) – Sections 104, 105, 108, 110, 110A, 111 and 114 – Payment notice – No need to differentiate the operations – IChemE Form of Contract for Civil Engineering subcontract.

[2019] BLR Plus 47

BENNETT (CONSTRUCTION) LTD v CIMC MBS LTD (FORMERLY VERBUS SYSYTEMS LTD)

Housing Grants, Construction and Regeneration Act 1996 – Local Democracy, Economic Development and Construction Act 2009 – Stage payments – Adequacy of payment mechanism for determining what payments become due and when – Stage payments triggered by “sign-off” – Incorporation of terms from the Scheme for Construction Contracts.

[2019] BLR Plus 48