The following Construction practice note provides comprehensive and up to date legal information covering:
This Practice Note considers the basis of the requirement to comply with the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) and the ability to claim the costs of such compliance. It also discusses the sanctions which a court might impose in the event of non-compliance with the Protocol, including case management directions and cost sanctions.
The requirements for each specific step of the pre-action procedure (eg the contents/timing of a letter of claim or response, objections to jurisdiction etc) are dealt with in Practice Note: Construction Pre-Action Protocol—letters of claim, response and meetings.
Under the Civil Procedure Rules (CPR), parties are expected to engage in pre-action attempts to resolve the dispute (or narrow the scope of it) prior to commencing litigation—see paragraphs 13 to 16 of the Practice Direction Pre-Action Conduct and Protocols (Practice Direction).
In addition, paragraph 2.2.1 of the Technology and Construction Court Guide (TCC Guide) provides that all parties are expected to have complied in substance with the Protocol, if it is applicable. For information on when the Protocol applies and the types of disputes exempted from compliance, see Practice Note: Construction Pre-Action Protocol—application, exclusions and objectives. It should be noted that the provisions of the TCC Guide still refer to, and require compliance with the sections in the first edition of the Protocol (which was in force up until
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Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
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
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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