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Costs Of Compliance With The Pre-Action Protocol

Costs of compliance with the Construction and Engineering Pre-Action Protocol in relation to the Technology and Construction Court

If compliance with the Construction and Engineering Pre-Action Protocol results in settlement, the costs incurred will not be recoverable from the paying party, unless this is specifically agreed. If compliance with the Construction and Engineering Pre-Action Protocol does not result in settlement, then the costs of the exercise cannot be recovered as costs, unless:  those costs fall within the principles stated by Sir Robert Megarry V-C in Re Gibson’s Settlement Trusts [1981] Ch 179; or the steps taken in compliance with the Construction and Engineering Pre-Action Protocol can properly be attributable to the conduct of the action: see the judgment of Coulson J in Roundstone Nurseries v Stephenson [2009] EWHC 1431 (Technology and Construction Court) where he held at [48]: “. . . as a matter of principle, it seems to me that costs incurred during the Pre-Action Protocol process may, in principle, be recoverable as costs incidental to the litigation: see McGlinn v. Waltham (No. 1) [2005] 3 All ER1126.



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  • Article Name: Costs Of Compliance With The Pre-Action Protocol
  • Author: Shelby Perry
  • Description: Costs of compliance with the Construction and Engineering Pre-Action Protocol in relation to the Technology and [...]

This entry was last updated: July 6, 2020

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