FAQ
What is Pre-Action Protocol?
Litigation is a last resort. The Court rules, "the CPR", contain pre-action protocols which set out the steps that potential claimants and defendants are expected to have already followed to try to settle their disputes before looking to the Court for a decision. Failure to comply with pre-action protocol can result in the Court imposing costs sanctions on either a Claimant or Defendant if the dispute does proceed to Court.
Although there is a general Pre-Action Practice Direction this does not apply to construction and engineering disputes. The parties to potential claims which relate to building/construction or engineering works such as disputes over payment or allegations of defective workmanship or design must follow the Protocol for Construction and Engineering Claims .
Where the dispute involves an allegation of negligence against a construction or engineering professional such as an Architect , Engineer or a Building Surveyor, the Protocol for Construction and Engineering Claims must be followed and not the Protocol for Professional Negligence Claims.
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