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Building Law Reports Plus RSS feed

MANN AND ANOTHER v PATERSON CONSTRUCTIONS PTY LTD

Restitution – Unjust enrichment – Termination – Whether contractor entitled to recover restitution as alternative to claim for damages for breach of contract – Whether contract price operates as ceiling on amount of restitution recoverable.

[2020] BLR Plus 9

GOLDMAN AND OTHERS v ZURICH INSURANCE PLC AND ANOTHER

Abuse of process - Previous proceedings - Strike out application - Claim in fraud against different defendant - Fraud claim made in original proceedings against different defendant - Whether new claim could and/or should have been brought in earlier proceedings - Requirements to plead fraud - Whether new claim should proceed to trial

[2020] BLR Plus 12

MPB v LGK

Challenge to award under section 67(1)(a) of the Arbitration Act 1996 – Allegation of a lack of jurisdiction - Allegations of absence of arbitration agreement - Incorporation of standard terms - Reliance on incorporation in a previous adjudication - Approbation and reprobation

[2020] BLR Plus 13

FIELD SYSTEMS DESIGNS LTD v MW HIGH TECH PROJECTS UK LTD

Adjudication – Enforcement – Jurisdiction – Natural Justice – Failure to consider an argument – Whether deliberate or inadvertent failure – Burden of proof – Failure to provide adequate reasons – Materiality of adjudicator’s failure – Severability of adjudicator’s decision – Fees and expenses.

[2020] BLR Plus 14

HOCHTIEF (UK) CONSTRUCTION LTD AND ANOTHER v ATKINS LTD

Consequences of claimant's Part 36 offer - CPR 36.17 - Consequential orders - Whether unjust to make orders sought - Whether issue based or proportional cost order appropriate - Increase of costs above approved cost budget - Payment on account of costs - CPR 44.2(8)

[2020] BLR Plus 15

JALLA AND OTHERS v ROYAL DUTCH SHELL PLC AND OTHERS

Oil spills of Nigerian coast - Claims by coastal residents and communities - Negligence and nuisance - Substitution of party - Amendment - Limitation - New evidence - Deliberate concealment - Estoppel by convention - Substitution of new party where party named was a mistake - CPR r 19.5.3(a) - Service out of jurisdiction - Overlapping cases in Nigeria - Whether a stay of English proceedings necessary - Material non-disclosure.

[2020] BLR Plus 16

BLACKPOOL BOROUGH COUNCIL v VOLKERFITZPATRICK LTD AND OTHERS

Expert evidence - Interlocutory application for expert evidence to be excluded as inadmissible for lack of independence - Whether giving unilateral instructions to testing house was breach of expert's duties under CPR Part 35 - Whether jointly instructed testing house was single joint expert - Whether expert had duty to notify counterparts of tests it had procured

[2020] BLR Plus 18

PBS ENERGO AS v BESTER GENERACION UK LTD

Adjudication enforcement - Allegations of fraud emerging after the adjudication - Whether the pleading out of allegations of fraud in a Defence is a condition precedent to raising such allegations - Whether in the absence of a Defence pleading fraud the correct course is to enforce with the option of staying execution

[2020] BLR Plus 20

HUDSON CONTRACT SERVICES LTD v THE CONSTRUCTION INDUSTRY TRAINING BOARD

Industrial Training Act 1982 - Industrial Training (Construction Board) Order 1964 (SI 1964 No 1079) - Industrial Training Levy (Construction Industry Training Board) Order 2015 (SI 2015 No 701) - Construction Industry Training Board Levy - Company contracting with self-employed operatives to carry out construction activities for others - Whether company is an "employer in the construction industry" - Whether head office is a "construction establishment"

[2020] BLR Plus 22

DOWMAN IMPORTS LTD v 2 TOOBZ LTD

Unjust enrichment - Restitution - Services rendered in anticipation of a contract that does not materialise - Services requested or accepted - Services without end-products - Incontrovertible benefits - Claim for restitution in respect of services rendered by a third party

[2020] BLR Plus 26

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

Adjudication claim bought by liquidator – Effects of set-off under the Insolvency (England and Wales) Rules 2016 (SI 2016 No 1024) on Adjudicator’s jurisdiction to determine dispute – Whether injunction should be granted to restrain further continuation of the adjudication – Right to refer disputes under section 108 of the Housing Grants, Construction and Regeneration Act 1996 by insolvent party.

[2020] BLR Plus 29

J & B HOPKINS LTD v TRANT ENGINEERING LTD

Adjudication enforcement – The “correction principle” that interim payments can be corrected in the next payment cycle – Effect of subsequent payment cycles on no pay less notice adjudication decision.

[2020] BLR Plus 31

TAYLOR WIMPEY UK LTD v HARRON HOMES LTD

Pre-action disclosure – CPR 31.16 – Expert determination process in contract – Documents available in such process – Prior pre-action protocol process – Documents not sought in that process – Likelihood or not of litigation disclosure stage ever being reached – Non-engagement in agreed ADR process – Discretion.

[2020] BLR Plus 32

KEW HOLDINGS LTD v DONALD INSALL ASSOCIATES LTD

Application for strike out – Alleged abuse of process to bring proceedings without first paying adjudication award in respect of the same subject matter – Non-payment of adjudicator’s decision and court order enforcing it constitutes unreasonable and oppressive behaviour – Stay of proceedings pending payment.

[2020] BLR Plus 34

RUSHBOND PLC v THE JS DESIGN PARTNERSHIP LLP

Fire damage – Duty of care – Obligations of visitor to property owner to prevent loss caused by third party – Strike out under CPR 3.4(2) – RSC 24.1 summary judgment.

[2020] BLR Plus 36