Case of the week
Contempt proceedings : Berry Piling Systems vs Sheer Projects
Was there a sufficiently strong prima facie case of contempt to allow committal proceedings to be brought against BPS’s directors?
Unreasonable conduct: Webb Resolutions Limited vs JV Limited t/a Shepherd Chartered Surveyors
In this case the claimant’s solicitors produced an order which failed to reflect what had been directed by the court – and their manoeuvres did not impress the judge
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Defective Premises Act 1972: 'In the course of a business'
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Variations of a guarantee: Aviva Insurance UK Limited vs Hackney Empire Limited
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Enforcing adjudication in Scots Law: SW Global Resourcing Ltd vs Morris & Spottiswood Ltd
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Subcontractor’s equipment: Alstom Power Ltd vs SOMI Implanti
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Public procurement: Turning Point vs Norfolk council
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Disclosure of expert advice: Odedra & another vs Ball & another
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All reasonable endeavours: Jet2.com Ltd vs Blackpool Airport Ltd
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Part 8 declaration declined: R&C Electrical Ltd vs Shaylor Construction Ltd
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Crystallisation of disputes: Working Environments vs Greencoat Construction
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Procurement of a performance bond: Sweett (UK) Ltd vs Michael Wight Homes Ltd
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Payment terms under NEC3: SGL Carbon Fibres Ltd vs RBG Ltd
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Adjudicator's fees and failure of consideration: Systech vs Harrington
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Regularly and diligently: Leander Construction Ltd vs Mulalley & Co Ltd
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Liability for CITB levy: CITB vs Beacon Roofing
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Pre-action disclosure: PHD Modular Access Services vs Seele GmbH
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Breach of public procurement rules: Henry Brothers (Magherafelt) Ltd & Ors vs Department of Education for Northern Ireland
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Multiple disputes in adjudiation: Witney council vs Beam Construction Ltd
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Natural justice: Hyder Consulting (UK) Ltd v Carillion Construction Ltd
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Fitness for purpose: Baylis Farms Limited vs R B Dymott Builders Ltd
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Adjudication clauses: Profile Projects Ltd vs Elmwood (Glasgow) Ltd
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Apparent bias in adjudication: Lanes Group vs Galliford Try Infrastructure
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Negligence and the Limitation Act
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Collateral warranties: Scottish Widows Services vs BDP
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Defective Premises Act: Mr and Mrs Jenson vs Spencer Roy Faux
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Accidental guarentees: Golden Ocean Group Limited vs (1) Salgaocar Mining Industries PVT (2) Mr Anil V. Salgaocar
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The value of architectural services: Michael Phillips Architects vs Mr and Mrs Riklin
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Immingham Storage Company Limited v Clear Plc
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Duty of care in tort: James Andrew Robinson vs P.E. Jones
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Public Procurement: Mears vs Leeds city council
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Previous adjudicator’s reasoning: Arcadis UK vs May and Baker
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Adjudicator’s jurisdiction: WSP Cell Ltd vs Dalkia Utilities Services Plc
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Payment guarantee: Wuhan Guoyo Logistics Group Co Limited & Others vs Emporiki Bank of Greece SA
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Exaggerated claims: Brit Inns Ltd & Another v BDW Trading Ltd (No 2)
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Arbitration clauses: Merit Process Engineering Ltd vs Balfour Beatty Engineering Services Ltd
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Settlement agreements and exclusion of liability for defects: Point West London Ltd v Mivan Ltd
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Legal privilege: Walter Lilly & Company Ltd vs 1) Mackay 2) DMW Developments Ltd
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Part 36 offers: Phi Group Ltd v Robert West Consulting
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Guarantees emails enforceability: Golden Ocean Group Ltd vs (1) Salgaocar Mining Industries PVT Ltd (2) Mr Anil V Salgaocar
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West Tankers vs Allianz Spa and others: Declaratory award
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Natural justice: Highlands and Islands Airports Ltd vs Shetland Island Council
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Jurisdiction and stay of execution: Partner Projects Ltd vs Corinthian Nominees Ltd
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Contract interpretation: Kookmin Bank vs Rainy Sky SA & others
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Settled agreements: Thameside Construction Company Ltd vs Arthenella Ltd
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Impartiality of arbitrators: A and others vs 1) B 2) X
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Variations of a guarantee: Hackney Empire Ltd vs Aviva Insurance UK Ltd
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Negligence and complex structures: Broster & Ors v Galliard Docklands Ltd & Anor
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Damages: Harrison vs (1) Shepherd Homes (2) National Housebuilding Council (3) NHBC Building Control Services
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'Just and equitable': Carillion JM vs Phi Group
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Advance payment guarantees: Meritz Fire and Marine Insurance vs Jan de Nul NV and Codralux SA
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Adjudication and counterclaims: Urang Commercial vs Century Investments and Eclipse Hotels (Luton)
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Jones vs Kaney: Expert witnesses lose immunity from suit
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Civil Litigation Costs: Sousa vs London borough of Waltham Forest council
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On demand performance bonds: Simon Carves vs Ensus UK
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Speculative defence: Durham County Council vs Jeremy Kendall (t/a HLB Architects)
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Rolf v De Guerin
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Supply and purchase agreements: McCain Foods GB vs Eco-Tec (Europe)
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Arbitration: Martin Dawes vs Treasure and Son
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Checking the subcontract: Walter Llewellyn & Sons vs Excel Brickwork
