Q&As

During the pre-action protocol stage, should the parties seek to convene a pre-action meeting?

read titleRead full title
Published on LexisPSL on 26/11/2015

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • During the pre-action protocol stage, should the parties seek to convene a pre-action meeting?

During the pre-action protocol stage, should the parties seek to convene a pre-action meeting?

STOP PRESS: this Q&A is based on the first edition of the pre-action protocol (in force until 8 November 2016). For a comparison of the two editions of the protocol, see Construction Pre-Action Protocol—comparison of editions.

The first edition of the Pre Action Protocol for Construction & Engineering Disputes (the 'Protocol') requires a claimant to send the defendant a letter of claim setting out its position (para 3 of the Protocol). The defendant must then acknowledge receipt of the letter of claim within 14 days (para 4.1 of the Protocol) and send a letter of response within 28 days of receipt of the letter of claim (or such other period as the parties may agree) (para 4.3.1 of the Protocol).

Within 28 days after receipt by the claimant of the defendant's letter of response, the parties should normally meet on a without prejudice basis to identify the main issues of their respective claims (para 5.1 of the Protocol). The purpose of the meeting is to see whether, and if so how, those issues might be resolved without recourse to litigation or, if litigation is unavoidable, what steps should be taken to ensure that it is conducted in accordance with the overriding objective. Although the meeting is without prejudice, any party who attended the

Related documents:

Popular documents