Construction analysis: The Technology and Construction Court (TCC) dismissed the defendant’s application for four preliminary issues concerning whether the contractor validly terminated a substantial power station construction contract following alleged payment defaults. Applying the TCC Guide, the court held that the proposed issues were not sufficiently factually discrete and would neither resolve a significant part of the proceedings nor materially reduce the length or cost of the main trial. Their determination was also unlikely to promote settlement and could generate interlocutory appeals. The decision underlines that preliminary issues should not fragment a factually interdependent dispute unless they offer a clear and substantial case-management benefit.

ARCHIVED: This Practice Note has been archived and is not maintained. This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force (ie ongoing procurements). This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. This includes the following Practice Note: Preliminary market engagement—PA 2023. What is preliminary market consultation? Preliminary market consultation (PMC) refers to the process of conducting research and market engagement with a view to preparing

STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous legislation (the Public Contracts Regulations 2015 (PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011) must continue to be procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. This content relates to the Procurement Act 2023 regime This practical guidance is about public procurement under the Procurement Act 2023 (PA 2023). For practical guidance on market engagement under the previous legislation, see Practice Note: Market engagement in public procurement. What is preliminary market engagement? Preliminary market engagement (PME) refers to the process of conducting research and market engagement with a view to preparing a public procurement exercise and informing prospective suppliers of the contracting authority's plans and requirements. PME may include seeking and accepting

Between: [Insert name of CLAIMANT]        Claimant -and- [Insert name of RESPONDENT]        Respondent CLAIMANT’s proposed agenda and submissions for preliminary meeting to be held on [insert date] 1 Prior to this preliminary hearing, the parties have sought to agree in correspondence on various procedural matters. [Refer to any key correspondence copied to the tribunal on these matters.] 2 The Claimant respectfully submits that the following key issues regarding the arbitration should be addressed at the procedural hearing:

This Checklist considers the procedural and other matters that the tribunal are likely to deal with at the preliminary meeting in an arbitration, whether ad-hoc or institutional. These include dealing with jurisdictional challenges, applications for interim remedies or trial of preliminary issues, setting timetables for the progress of parts of the arbitration and making arrangements for the exchange and presentation of evidence. Regardless of whether your arbitration is ad-hoc or institutional or what set of institutional rules you arbitrate under, it is likely that the tribunal will order a preliminary meeting shortly after its constitution. The parties themselves (as opposed to their advisors) are not usually required to attend this hearing though it is beneficial if they can attend as they will meet the tribunal and face the opposing team at this early stage. In international arbitration it may also be a rare opportunity for all concerned to be in one place prior to the hearing and could be an opportunity for separate settlement negotiations. Whether this is appropriate may depend on various considerations,

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] FAO [MANAGING PARTNER] [NAME OF DEFENDANT ACCOUNTANT] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] Preliminary notice of claim We write on behalf of our client [insert client’s name]. This letter is our client’s

ARCHIVED: This Precedent has been archived and is not maintained. [ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] FAO [MANAGING PARTNER] [NAME OF DEFENDANT ACCOUNTANT] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] Preliminary notice of claim We write on behalf of our

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] FAO [CLIENT PARTNER OR SENIOR PARTNER] [NAME OF DEFENDANT ] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] Preliminary notice of claim We write on behalf of our client [insert

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] FAO [[HEAD OF BARRISTERS CHAMBERS]] [NAME OF DEFENDANT CHAMBERS] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] Preliminary notice of claim We write on behalf of our client [insert client’s

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] FAO [ [APPROPRIATE DIRECTOR OR SENIOR PARTNER] ] [NAME OF DEFENDANT BROKER] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] Preliminary notice of claim We write on behalf

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] FAO [[CLIENT PARTNER OR SENIOR PARTNER]] [NAME OF DEFENDANT FIRM] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] Preliminary notice of claim We write on behalf

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] FAO [[APPROPRIATE DIRECTOR]] [NAME OF DEFENDANT BROKER] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert organisation name] [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] Preliminary notice of claim We write on behalf of our client [insert client’s name]. This