Precise Wording Of Preliminary Issues

Precise Wording Of Preliminary Issues

Precise Wording of Preliminary issues in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]If a party wishes to seek a Preliminary Issues hearing, either at the first case management conference or thereafter, that party must circulate a precise draft of the proposed preliminary issues to the other parties and to the Technology and Construction Court well in advance of the relevant hearing. If the Technology and Construction Court orders a Preliminary Issues hearing, it is likely to make such an order only by reference to specific and formulated issues, in order to avoid later debate as to the precise scope of the issues that have been ordered. Of course, the parties are at liberty to propose amendments to the issues before the Preliminary Issues hearing itself, but if such later amendments are not agreed by all parties, they are unlikely to be ordered.


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