The following Construction practice note provides comprehensive and up to date legal information covering:
ARCHIVED: This Practice Note provides a history of the background to the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol), which came into force on 9 November 2016, replacing the first edition which had been in force from October 2000 (with some revisions from April 2007).
It looks at, in chronological order, the key recommendations made by Lord Justice Jackson to amend the Protocol, as set out in his final costs report in 2009, comments and steps taken by the relevant Civil Justice Council working party and the Civil Procedure Rule Costs Sub-Committee, and finally at the Acuigen Report produced following a survey of the industry about the first edition of the Protocol (and the process generally).
The effectiveness of the Protocol was discussed in Lord Justice Jackson’s report entitled Review of Civil Litigation Costs: Final Report at Chapter 35, section 4. This took into account feedback provided by users of the first edition, which had been mixed. On one side, the judiciary and the Technology and Construction Bar Association (TECBAR) took the view that it served to increase costs, particularly at the front end of the dispute, and delay dispute resolution. On the other hand, the Technology and Construction Solicitors’ Association (TeCSA) thought, if used sensibly, the Protocol promoted early settlement and reduced costs.
The following recommendations
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.