New Engineering and Construction Pre-Action Protocol

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Facts

The Court has adopted a new pre-action protocol for engineering and construction cases with effect from 14 November 2016.  This was drawn up by TeCSA and the Tech Bar.

Key Changes

  • The parties may now by agreement dispense with the protocol and go straight to court.
  • Instead of the old requirement to supply “full information” to allow the parties to understand each other’s position, make informed decisions about settlement, and how to proceed, the obligation has been reduced to only having to provide “sufficient information”. The intention is to reduce the burden which parties have to discharge before they can then get on with litigation.
  • It was formerly the case that ANY material non-compliance with the Protocol would create a serious risk of punishment in costs. Under the new Protocol, only if a party flagrantly disregards the rules will the Court impose adverse cost consequences for non-compliance.

The detailed requirements for the Letter of Claim and the Letter of Response have been changed and in general reduced/simplified.  In general, the smaller the claim, the less detail needed, and vice versa.

For more information on how we can help your business contact Rob Langley on 0191 211 7975.