Date Issue   Judgment 15.12.04 A client's right to refuse to disclose confidential information passing between itself and its lawyers.   Three Rivers Council and Others v The Governor & Co of the Bank of England, House of Lords, 11 November 2004. 08.12.04 Interpreting conflicting "choice of law" clauses.   The Shamil Bank of Bahrain v Beximco Pharmaceuticals Ltd, CA 28 January 2004. 01.12.04 Potential changes in the legislation following experience of the Construction Act since its coming into force in May 1998.   Sir Michael Latham's review of The Housing Grants Construction and Regeneration Act, September 2004. 24.11.04 Potential changes in the legislation following experience of the Construction Act since its coming into force in May 1998.   Sir Michael Latham's review of the Housing Grants Construction and Regeneration Act, September 2004. 17.11.04 The enforcement of adjudicator's decisions.   Amec Capital Projects Limited v Whitefriars City Estates Limited, CA 28 October 2004. 10.11.04 Identifying the issues in dispute in successive adjudications.   Emcor Drake & Scull Ltd v Costain/Skanska Joint Venture, TCC 29 October 2004. 03.11.04 Evaluating the effective or proximate cause of losses.   Eagle Star Insurance Company Limited v Midland Mainline Limited and Others, CA 28 July 2004. 27.10.04 Whether settlement agreements can be used to ascertain loss in the context of subsequent insurance claims.   Lumbermans Mutual Casualty Company v Bovis Lend Lease Limited KBD 5 October 2004. 20.10.04 Variation of contract and liquidated damages provisions.   North Sea Ventilation Ltd v Consafe Engineering (UK) Ltd, TCC 20 July 2004. 13.10.04 Whether a contractor is entitled to extensions of time and prolongation costs measured by reference to an early completion programme.   Glenlion Construction Ltd v The Guinness Trust, QBD 28 July 1987. 06.10.04 The recovery of overheads as a component of damages in an action for negligence.   British Telecommunications Plc v Geraghty & Miller International Inc QBD 29 July 2004. 29.09.04 The use of expert delay analysis in complex construction disputes.   Skanska Construction UK Limited v Egger (Barony) Limited, TCC 30 July 2004. 22.09.04 Whether a dispute following a settlement agreement can be resolved by adjudication.   Westminster Building Co Ltd v Andrew Beckingham, TCC 20 February 2004. 15.09.04 Grounds for challenging the enforcement of an adjudicator's decision.   McAlpine PPS Pipeline Systems Joint Venture v Transco plc, QBD 12 May 2004. 08.09.04 Consideration of the statutory requirements placed upon employers to provide personal protective equipment.   Fytche v Wincanton Logistics plc, House of Lords 1 July 2004. 01.09.04 Whether a claimant may be entitled to recover management costs as a head of claim.   Euro Pools Plc v Clydeside Steel Fabrications Ltd, Court of Session, 17 January 2003. 25.08.04 Anti-competitive practices amongst tendering contractors.   The Office of Fair Trading v Briggs Cladding and Roofing and Others, 17 March 2004. 18.08.04 Ownership of unfixed goods and materials delivered to site.   Dawber Williamson Roofing Ltd v Humberside County Council QBD 22 October 1979 11.08.04 The effect of adjudicator's decisions on successive interim certificates for payment.   William Verry Limited v North West London Communal Mikvah, TCC 21 May 2004. 04.08.04 The application of the Contracts (Rights of Third Parties) Act 1999.   Nisshin Shipping Co Ltd v Cleaves & Co Ltd, QBD 7 November 2003. 28.07.04 The effect of subsequent valuations and withholding notices upon the enforcement of an adjudicator's decision.   M J Gleeson Group plc v Devonshire Green Holding Ltd, TCC 19 March 2004. 21.07.04 The requirement to record agreements in writing for the purposes of the Construction Act. Whether an adjudication may proceed after a contract has been discharged by repudiation.   Connex South Eastern Ltd v M J Building Services Group plc, TCC 25 June 2004. 14.07.04 The procedures for the appointment of an adjudicator.   IDE Contracting Limited v R G Carter Cambridge Limited, TCC 16 January 2004. 07.07.04 Measure and foreseeability of damages.   Hadley v Baxendale and Others, 23 February 1854. 30.06.04 The manner in which global claims for loss and expense may be presented.   John Doyle Construction Limited v Laing Management (Scotland) Limited, Inner House Court of Session, 11 June 2004. 23.06.04 Payment and withholding issues under cost reimbursable contracts.   Alstom Signalling Limited v Jarvis Facilities Limited, TCC 28 May 2004. 16.06.04 Drawing a distinction between a duty to exercise reasonable skill and care in undertaking design works and an obligation of fitness for purpose.   Independent Broadcasting Authority v EMI Electronics Ltd and BICC Construction Ltd, HL 15 May 1980. 09.06.04 Jurisdiction and procedural challenges in adjudication.   AWG Construction Services Ltd v Rockingham Motor Speedway Ltd, TCC 30 April 2004. 02.06.04 Whether a contractor will be protected as an insured party under a construction all-risks policy procured by the operator.   BP Exploration Operating Co Ltd v Kvaerner Oilfield Products Ltd, QBD 7 May 2004. 26.05.04 The grounds upon which a court will deprive a successful party of some or all of its costs on the basis that it refused to agree to ADR.   Halsey v Milton Keynes General NHS Trust, CA 11 May 2004. 19.05.04 The operation of conditional fee agreements.   Benaim (UK) Limited v Davies Middleton & Davies Limited, TCC 26 March 2004. 12.05.04 Disclosure of "without prejudice" communications in adjudication.   Specialist Ceiling Services Northern Limited v ZVI Construction (UK) Limited, TCC 20 February 2004. 05.05.04 Whether an adjudicator's decision delivered late will remain binding upon the parties.   Ritchie Brothers (PWC) Limited v David Philp (Commercials) Limited Court of Session 14 April 2004. 28.04.04 Authority of the signing party and rectification of settlement agreements where a mistake is alleged by one party.   Hurst Stores & Interiors Ltd v M L Europe Property Ltd, CA 1 April 2004. 21.04.04 Conditions under which a Construction Industry Scheme Tax Certificate will be issued to subcontractors.   Her Majesty's Inspector of Taxes v J D C Services, CHD 26 March 2004. 14.04.04 The assessment of funding losses occasioned by delay in completion of building works and whether a rise in property value should be taken into account in assessing those losses.   Earls Terrace Properties Limited v Nilsson Design Limited, TCC 20 February 2004. 07.04.04 The enforcement of adjudicator's decisions.   Amec Capital Projects Limited v Whitefriars City Estates Limited, TCC 27 February 2004. 31.03.04 The effect of a letter of intent.   Harvey Shopfitters Limited v ADI Limited, CA 13 November 2003. 24.03.04 The scope of contractor's all-risks policies of insurance.   Amec Civil Engineering Limited v Norwich Union Fire Insurance Society Limited, TCC 12 June 2003. 17.03.04 The application of "prescription" or limitation in claims for breach of contract.   Musselburgh and Fisherrow Co-Operative Society Limited v Mowlem Scotland Limited, Court of Session 3 March 2004. 10.03.04 The application of the TUPE Regulations to second generation re-tendering of local authority works contracts.   Fairhurst Ward Abbotts Limited v Botes Building Limited, CA 13 February 2004. 03.03.04 Whether liquidated and ascertained damages must for all purposes be treated as an adequate measure of damages in the event of delay.   The Bath & North East Somerset District Council v Mowlem, CA 20 February 2004. 25.02.04 The contractual value of timesheets or daywork sheets which have been submitted but not countersigned by the client party.   JDM Accord Limited v The Secretary of State for the Environment, Food and Rural Affairs, TCC 16 January 2004. 18.02.04 The assessment of damages where contributory negligence is found.   Sahib Foods Limited v Paskin Kyriakidis Sands, CA 19 December 2003. 11.02.04 Interpretation of the terms of a product liability insurance policy.   Pilkington United Kingdom Ltd v CGU Insurance plc, CA 28 January 2004. 04.02.04 The effect of an architect's instruction for additional works.   Hallamshire Construction plc v South Holland District Council, TCC 10 December 2003. 28.01.04 The need to establish the proper contractual basis to underpin an adjudication.   Pegram Shopfitters Ltd v Tally Weijl (UK) Ltd, CA 21 November 2003. 21.01.04 The direct payment of subcontractors by the employer in the event of the insolvency of the main contractor.   Brican Fabrications Ltd v Merchant City Developments Ltd, Inner House Scottish Court of Session, 17 July 2003. 14.01.04 The meaning of dispute in adjudication and the concept of 'evidential ambush'.   London and Amsterdam Properties Ltd v Waterman Partnership Ltd TCC 18 December 2003 07.01.04 Duties of good faith and procedural obligations in tender evaluation   Pratt Contractors Ltd v Transit New Zealand, PC 1 December 2003.