All Case of the week articles – Page 3
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CommentADR: Northrop Grumman Mission Systems Europe Limited vs BAE Systems (Al Diriyah C41) Limited
Should the usual costs award to the successful party be reduced in consequence of its refusal to mediate?
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CommentArchitect’s certificate: Hunt and others v Optima (Cambridge) Ltd and Strutt and Parker
The Court of Appeal had to decide whether S P’s certificates constituted negligent misstatements, whether S P owed a duty of care to the claimants, and whether the certificates amounted to enforceable contractual warranties
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CommentPractical completion: Laing O’Rourke Construction Limited vs Healthcare Support (Newcastle) Ltd and Newcastle upon Tyne Hospitals
Was a breach of contract grounds for preventing the issue of the completion certificate by the independent tester, or whether, all that was required was compliance with the completion criteria?
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CommentEmirates Trading Agency LLC vs Prime Mineral Exports Private Ltd: Dispute resolution clause
Is an obligation requiring friendly discussions in good faith enforceable as a condition precedent to the dispute being referred to arbitration?
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CommentMcLennan Architects Limited vs Jeremy Jones and Helen Roberts: Inspection of electronic devices
This case, before Mr Justice Akenhead in the TCC, provided guidance in situations involving applications for access to specific electronic data and associated metadata
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CommentRobin and Barbara Bache and others vs Zurich Insurance Limited: Interpretation of insurance contracts
Zurich’s arguments on the meaning of “fails to complete the construction” in the policy were rejected by the court because they ran against the commercial reality of the purpose of the policy
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CommentProcedure: Denton, Decadent and Utilise appeals
The Court of Appeal heard three appeals together, each relating to granting relief from sanctions under CPR Rule 3.9
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CommentHoneywell International Middle East Limited vs Meydan Group LLC (Formerly known as Meydan LLC): Enforcement of foreign awards
The arbitration award was recognised by the Dubai Court of First Instance. Meydan appealed but proceedings were stayed due to bribery allegations
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CommentOksana Mul vs Hutton Construction Limited: Valuation of appropriate deduction
This case, before Mr Justice Akenhead is the first to consider what the reference in Clause 2.30 of the JCT Intermediate Form to an “appropriate deduction” means
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CommentChartwell Estate Agents Ltd vs Fergies Properties SA and Hyam Lehrer: Relief from Sanction
In this case, Lord Justice Davis observed that correspondence between the lawyers showed a lack of understanding of the requirements of the changes to the Civil Procedure Rules
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CommentMiller Construction (UK) Limited vs Building Design Partnership Limited: Breach of natural justice
‘This Scottish judgment is a reminder of the well-established authorities that provide an adjudicator with considerable leeway in terms of their decision-making powers’
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CommentUniversity of Brighton vs Dovehouse Interiors Limited: Wrong nominating body
‘The adjudicator resigned having realised that the correct nominating body was not the RICS’
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CommentNegligence: Stephen West and Carol West vs Ian Finlay & Associates
This case shows that construction professionals who include net contribution clause in contracts with consumers should flag up the clause in advance in order to avoid complications
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CommentArbitration: The secretary of state for defence vs Turner Estate Solutions
This case before Mr Justice Akenhead in the TCC considers issues of serious irregularity
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CommentLincolnshire council vs Mouchel Business Services Limited and R.G. Carter Building Services Limited: Pre-Action Protocol
This case, before Mr Justice Stuart Smith, looks at the Pre-Action Protocol for Construction and Engineering Disputes when issuing proceedings to protect a limitation period
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CommentCourtwell Properties Limited vs Greencore PF (UK) Limited: Part 36 offers
It was open to Courtwell to apply for indemnity costs if they could show that Greencore’s behaviour in the dispute had been unreasonable to a high degree. But on the evidence both sides were at fault
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CommentLiberty Mercian Limited vs Cuddy Civil Engineering Limited and Cuddy Demolition and Dismantling Limited: Performance bonds and warranties
In a second judgment, before Mr Justice Ramsey, this case looked at whether or not Liberty was entitled to an order for specific performance in relation to a bond and warranties
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CommentTwintec Ltd vs Volkerfitzpatrick Limited: Jurisdiction
This case, before Mr Justice Edwards-Stuart in the Technology and Construction Court, raises several issues around letters of intent and the appointment of an adjudicator
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CommentAndrew Mitchell MP vs News Group Newspapers Limited: Stricter approach to relief from sanctions
Sanctions were imposed on the MP due to a failure to submit cost budgets an adequate space of time before the case management hearing
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CommentAlphasteel Limited vs Summit Development General Trading: Claims brought against settlement agreement
The case, before Lord Justice Tomlinson, Lady Justice Gloster and Lord Justice Underhill, explores whether the liquidators of Alphasteel contradicted the terms of a settlement agreement