The following Construction practice note Produced in partnership with Abdul Jinadu of Keating Chambers provides comprehensive and up to date legal information covering:
The purpose of this Practice Note is to set out the steps which should be taken in the pre-action phase in order to maximise prospects of success. While the steps identified may be relevant to other types of actions, it is assumed that the claim in question is a construction/engineering dispute to be conducted in the English courts under the CPR (albeit many of the considerations will also be relevant to disputes that will be the subject of an arbitration).
Construction and engineering disputes usually involve complex technical and factual issues. Such disputes have a propensity to require the expenditure of substantial sums to resolve. It is therefore important that, at the outset, care is taken to gather as much information as is available in order to evaluate the prospects of success of the claim and to determine the appropriate strategies to adopt.
At the earliest stage it is important to identify the basis on which the contemplated claim is to be brought, ie is it a claim under a contract—if so, is it a claim for breach of contract or a claim pursuant to the contract?
The next step is to consider the technical information to identify precisely what is being alleged.
Documents are critical to the assessment of the claim and the success of any action, therefore it is imperative that documents
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Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
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