Material Generated By The Pre-Action Protocol

Material Generated By The Pre-Action Protocol

What Happens To The Material Generated By the Construction and Engineering Pre-Action Protocol? in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]The letter of claim, the defendant’s response, and the information relating to attendance (or otherwise) at the meeting are not confidential or ‘without prejudice’ and can therefore be referred to by the parties in any subsequent litigation. The detail of any discussion at the meeting(s) and/or any note of the meeting cannot be referred to the Technology and Construction Court unless all parties agree. Normally the parties should include in the bundle for the first case management conference: (a) the letter of claim, (b) the response, and (c) if the parties agree, any agreed note of the pre-action meeting: see Section 5 below. The documents attached to or enclosed with the letter and the response should not be included in the bundle.


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