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
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This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions typically found in an escrow
This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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