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Compliance With Engineering Pre-Action Protocol

What If One Party Has Not Complied With the Construction and Engineering Pre-Action Protocol? in relation to the Technology and Construction Court

There can often be a complaint that one or other party has not complied with the Construction and Engineering Pre-Action Protocol. The Technology and Construction Court will consider any such complaints once proceedings have been commenced. If the Technology and Construction Court finds that the claimant has not complied with one part of the Construction and Engineering Pre-Action Protocol, then the Technology and Construction Court may stay the proceedings until the steps set out in the Construction and Engineering Pre-Action Protocol have been taken or impose such other conditions as the Technology and Construction Court thinks appropriate pursuant to Civil Procedure Rules 3.1(3). The Practice Direction in respect of Protocols (section C of volume 1 of the White Book) makes plain that the Technology and Construction Court may make adverse costs orders against a party who has failed to comply with the Construction and Engineering Pre-Action Protocol. The Technology and Construction Court will exercise any sanctions available with the object of placing the innocent party in no worse a position than he would have been if the Construction and Engineering Pre-Action Protocol had been complied with. The Technology and Construction Court is unlikely to be concerned with minor infringements of the Construction and Engineering Pre-Action Protocol or to engage in lengthy debates as to the precise quality of the information provided by one party to the other during the Construction and Engineering Pre-Action Protocol stages. The Technology and Construction Court will principally be concerned to ensure that, as a result of the Construction and Engineering Pre-Action Protocol stage, each party to any subsequent litigation has a clear understanding of the nature of the case that it has to meet at the commencement of those proceedings.



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(2020, 04). Compliance With Engineering Pre-Action Protocol lawi.org.uk Retrieved 10, 2021, from https://lawi.org.uk/compliance-with-engineering-pre-action-protocol/

04 2020. 10 2021 <https://lawi.org.uk/compliance-with-engineering-pre-action-protocol/>

"Compliance With Engineering Pre-Action Protocol" lawi.org.uk. lawi.org.uk, 04 2020. Web. 10 2021. <https://lawi.org.uk/compliance-with-engineering-pre-action-protocol/>

"Compliance With Engineering Pre-Action Protocol" lawi.org.uk. 04, 2020. Accesed 10 2021. https://lawi.org.uk/compliance-with-engineering-pre-action-protocol/

Theo Walker, 'Compliance With Engineering Pre-Action Protocol' (lawi.org.uk 2020) <https://lawi.org.uk/compliance-with-engineering-pre-action-protocol/> accesed 2021 October 16

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  • Article Name: Compliance With Engineering Pre-Action Protocol
  • Author: Theo Walker
  • Description: What If One Party Has Not Complied With the Construction and Engineering Pre-Action Protocol? in relation to the Technology [...]

This entry was last updated: April 2, 2020

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