The following Construction practice note provides comprehensive and up to date legal information covering:
This Practice Note provides guidance on when the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) applies, as well as the types of disputes/situations where parties do not need to comply with the Protocol before commencing proceedings (such as specific exclusions or when limitation periods are about to run out). The Practice Note also considers the general objective and aims of the Protocol, in particular the approach of the courts when dealing with the requirement for proportionality.
The Protocol applies to 'all construction and engineering disputes (including professional negligence claims against architects, engineers and quantity surveyors)' (para 1.1). The current edition of the Protocol is the second edition, which applies to all pre-action processes commenced on or after 9 November 2016.
Where the dispute might also fall within the scope of another pre-action protocol, parties should generally follow the Protocol process instead of the other pre-action protocols:
the Protocol prevails over the Pre-Action Protocol for Professional Negligence—see para 2.1.1 of the Technology and Construction Court Guide (TCC Guide) and para 1.1 of the Protocol
the Pre-Action Protocol for Debt Claims is also waived when a debt relates to a construction dispute—see para 1.4 of that protocol and Q&A: Is there any guidance on when the Pre-Action Protocol for Debt Claims applies as opposed to other protocols applying? In particular, which protocol would
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You may apply simplified customer due diligence (SDD) measures in relation to particular business relationships or transactions which you determine present a low risk of money laundering or terrorist financing, having taken into account:•your organisation-wide risk assessment—see Practice Note:
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
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There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
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