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BLACKPOOL BOROUGH COUNCIL v VOLKERFITZPATRICK LTD AND OTHERS

[2021] BLR Plus 1

Costs - Successful party - Part 36 offer - Withdrawal of Part 36 offer - Relevance of approved costs budget - Relevance of weak and thin claims - Costs of third parties

HUBER AND ANOTHER v X YACHTS (GB) LTD AND ANOTHER

[2021] BLR Plus 2

Remote hearing - Trial - Parties and witnesses outside the jurisdiction - Video only hearing - Courts Act 2003, section 85A and 85B - Senior Courts Act 1981, section 71 - Conditions to broadcast proceedings

MAEDA KENSETSU KOGYO KABUSHIKI KAISHA ALSO KNOWN AS MAEDA CORPORATION AND ANOTHER v BAUER HONG KONG LTD

[2021] BLR Plus 3

Notices - Conditions precedent to entitlement - Notice stating one contractual basis but reliance on a different contractual basis at trial

NEOLOGY UK LTD v THE COUNCIL OF THE CITY OF NEWCASTLE UPON TYNE AND OTHERS

[2021] BLR Plus 4

Procurement - Summary judgment - Lifting of automatic stay

HALLIBURTON COMPANY v CHUBB BERMUDA INSURANCE LTD (FORMERLY KNOWN AS ACE BERMUDA INSURANCE LTD)

[2021] BLR Plus 5

Arbitration - Duty of fairness and impartiality - Arbitration Act 1996, section 24 - Removal of arbitrator - Apparent bias - Appointment in multiple arbitrations with single overlapping party and subject matter - Disclosure of appointments - Confidentiality

AQUA LEISURE INTERNATIONAL LTD v BENCHMARK LEISURE LTD

[2021] BLR Plus 6

Adjudication - Subsequent agreement - "Subject to contract" - Whether award could be enforced

GLOBAL SWITCH ESTATES LTD v SUDLOWS LTD

[2021] BLR Plus 7

Adjudication - Natural justice - Jurisdiction - All defences to be considered by adjudicator - Impact of previous adjudication decisions

RG CARTER PROJECTS LTD v CUA PROPERTY LTD

[2021] BLR Plus 8

Costs - Discontinuation of claims by radical amendment

ABC ELECTRIFICATION LTD v NETWORK RAIL INFRASTRUCTURE LTD

[2021] BLR Plus 9

Default - Meaning of default - Contractual interpretation - Redundancy principle - ICE contract Conditions - Disallowed cost

STANDARD LIFE ASSURANCE LTD v GLEEDS (UK) (A FIRM) AND OTHERS

[2021] BLR Plus 10

Statements of case - Strike out - Sampling and extrapolation of breaches - Inference - Res ipsa loquitur - Global claims - Burden of proof - Abuse of process - Expert evidence in support of professional negligence allegations

LARGE v HART AND ANOTHER

[2021] BLR Plus 11

Damages - Negligent - Negligent survey - Failure to advise and provide information - Measure of loss

SECRETARIAT CONSULTING PTE LTD AND OTHERS v A COMPANY

[2021] BLR Plus 12

Experts - Duties to client - Fiduciary duty to client - Loyalty - Confidentiality - Conflicts of interest - Two experts from same firm engaged on two related arbitrations

AIC LTD v THE FEDERAL AIRPORTS AUTHORITY OF NIGERIA

[2021] BLR Plus 13

Reconsideration of Order before sealing - Exercise of discretion

TRW LTD v PANASONIC INDUSTRY EUROPE GMBH AND ANOTHER

[2021] BLR Plus 14

Jurisdiction - Recast Brussels I Regulation (Regulation No 1215/2012/EU) - Jurisdiction agreements - Contract formation - Battle of the forms - Lis alibi pendens - Stay of proceedings to avoid the risk of irreconcilable judgments

MOTACUS CONSTRUCTIONS LTD v PAOLO CASTELLI SPA

[2021] BLR Plus 15

Construction contract - Adjudication enforcement - Summary judgment - Whether jurisdiction of English court ousted by foreign exclusive jurisdiction clause - 2005 Hague Convention, articles 6(c) and 7

MARTLET HOMES LTD v MULALLEY & CO LTD

[2021] BLR Plus 16

Pleadings - Reply - Whether adding new claim in Reply - Application to strike out parts of Reply - Whether permitted - Claim should be added to Particulars of Claim by amendment - CPR Part 3.4(2)(a) and Part 7.5

CLIN v WALTER LILY & CO LTD

[2021] BLR Plus 17

Construction - Demolition works - Planning - Conservation areas - JCT Contracts - Appeals

HARRISON JALLA AND OTHERS v SHELL INTERNATIONAL TRADING AND SHIPPING COMPANY AND ANOTHER

[2021] BLR Plus 18

Nuisance - Limitation - Continuing nuisance

OKPABI AND OTHERS v ROYAL DUTCH SHELL PLC AND ANOTHER

[2021] BLR Plus 19

Jurisdiction - Whether real issue to be tried - Duty of care of parent company in respect of actions of subsidiaries

DENKA ADVANTECH PTE LTD AND ANOTHER v SERAYA ENERGY PTE LTD AND ANOTHER AND OTHER APPEALS

[2021] BLR Plus 20

Breach of contract - Liquidated damages - Penalty clauses - Penalties - Mitigation

ANCHOR HANOVER GROUP (INCORPORATING THE FULLY TRANSFERRED SOCIETY, HANOVER HOUSING ASSOCIATION) AND OTHERS v ARCADIS CONSULTING (UK) LTD AND OTHERS

[2021] BLR Plus 21

Pleadings CPR 3.4(2)(a) - Strike out of claim - CPR 24.1 - Summary judgment on defence

NAYLOR AND OTHERS v ROAMQUEST LTD AND ANOTHER

[2021] BLR Plus 22

Striking out - CPR 3.4(2) (a) and (b) - Summary judgment - CPR 24.2 - Principles applicable - No realistic prospect of success - No mini-trial to be conducted - Consider evidence before court as well as that expected at trial - Capital diminution after remedial works reflecting stigma

MULTIPLEX CONSTRUCTION EUROPE LTD v BATHGATE REALISATIONS CIVIL ENGINEERING LTD (FORMERLY KNOWN AS DUNNE BUILDING AND CIVIL ENGINEERING LTD) (IN ADMINISTRATION) AND OTHERS

[2021] BLR Plus 23

Construction - British Standards - Duty of care - Design and build contracts - Assumption of responsibility - Warranties - Third Parties (Rights Against Insurers) Act 2010

TRANSPORT FOR GREATER MANCHESTER v KIER CONSTRUCTION LTD (T/A KIER CONSTRUCTION NORTHERN)

[2021] BLR Plus 24

Adjudication - Notice of dissatisfaction - Address for service

MOTT MACDONALD LTD v TRANT ENGINEERING LTD

[2021] BLR Plus 25

Exclusion and limitation clauses - Net contribution clauses - Interpretation - Scope of application - Whether applicable to "fundamental", "wilful" or "deliberate" breaches

BOXWOOD LEISURE LTD v GLEESON CONSTRUCTION SERVICES LTD AND ANOTHER

[2021] BLR Plus 26

Extension of time for service of claim form - Retrospective extension - Scope of powers to grant relief from sanction or rectify an error of procedure by extending time for service of claim form

PRATER LTD v JOHN SISK & SON (HOLDINGS) LTD

[2021] BLR Plus 27

Adjudication - Summary judgment - Jurisdiction - More than one dispute - Effect of alleged lack of jurisdiction in earlier decision on later decision based in part on earlier decision

MATTHEW ROGERSON (T/A COTTESMORE HOTEL, GOLF AND COUNTRY CLUB) v ECO TOP HEAT & POWER LTD

[2021] BLR Plus 28

Expert evidence - Change of expert - Terms for leave for new expert - Expert shopping - Privileged notes or drafts - Jurisdiction of the court to impose conditions on deployment of replacement expert - CPR 35.4

MAYPOLE DOCK LTD v CATALYST HOUSING LTD

[2021] BLR Plus 29

Interim relief - Injunction - Court proceedings under way seeking damages for breach of Overage Agreement - Defendant seeking to commence expert determination under contractual provisions in Overage Agreement

DAVIES & DAVIES ASSOCIATES LTD v STEVE WARD SERVICES (UK) LTD

[2021] BLR Plus 30

Adjudication - Adjudicator's fees claimed in circumstances where he resigned - Adjudicator's resignation due to issue on jurisdiction not raised by the parties - Whether a breach of contract by the adjudicator disentitling him to his fees

DANA UK AXLE LTD v FREUDENBERG FST GMBH

[2021] BLR Plus 31

Trial - Expert evidence - Failure by expert to comply with CPR Part 35 - Application to dismiss whole of expert's evidence as a consequence - Breaches of court order and expert duties - Expert evidence excluded

PERFORM CONTENT SERVICES LTD v NESS GLOBAL SERVICES LTD

[2021] BLR Plus 32

Brussels Recast Regulation - Lis pendens - Article 33 - Stay in favour of courts of non-member state - Article 25 - Non-exclusive jurisdiction agreements - Whether "jurisdiction is based on article 4" - Whether stay "necessary for the proper administration of justice"

TRIPLE POINT TECHNOLOGY INC v PTT PUBLIC COMPANY LTD

[2021] BLR Plus 33

Liquidated damages - Contract terminated - Effect on entitlement to liquidated damages - General principle - Negligence meaning in contract - Clear words needed to limit interpretation to exclude normal interpretation - Liquidated damages subject to cap or not

STANDARD LIFE ASSURANCE LTD v GLEEDS (UK) (A FIRM) AND OTHERS

[2021] BLR Plus 34

Statements of case - Permission to amend - Adequacy of particulars - Particulars of quantum - Compliance with orders and time limits - Loss of a chance

R (ON THE APPLICATION OF THE GOOD LAW PROJECT LTD) v THE SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE AND PHARMACEUTICALS DIRECT LTD (INTERESTED PARTY)

[2021] BLR Plus 35

Service of claim form - Email service - Specified email address by Treasury Solicitor for new proceedings - Failure to serve in time

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