FAQ
What is Pre-Action Protocol?
Litigation is a last resort. The Court rules, the "CPR", contain 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 Pre-Action Practice Direction that parties should follow to try to settle disputes, this Practice Direction does not apply to construction and engineering disputes. Where the dispute relates to building/construction or engineering works such as a dispute over payment, allegations of defective building works or design, potential claimants and defendants are expected to have followed the Protocol for Construction and Engineering Claims.
Where there is a dispute involving a construction or engineering professional such as an Architect , Engineer or building Surveyor including allegations of professional negligence the Protocol for Construction and Engineering Claims. will also apply.
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