Construction Pre-Action Protocol meaning

This Checklist explains the requirements and principal steps necessary to secure compliance, by a claimant or a defendant, with the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol). Parties involved in a dispute are expected to adhere to it before commencing proceedings in the Technology and Construction Court (TCC). It prescribes what should occur prior to starting a claim in the TCC. Does the Protocol apply? The parties should first verify that the Protocol is applicable to their dispute—see Practice Note: Construction Pre-Action Protocol—application, exclusions and objectives. Under the Protocol, the claimant may, with unanimous written agreement of all intended parties to the proceedings, dispense with the pre-action process. What does the claimant need to do to comply? ...

In this issue: Key DR developments Cost and funding Cross-border disputes Pre-action and limitation Litigation Evidence and disclosure Settlement Scottish Dispute Resolution New Content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Reports and speeches CTJ publishes the Commercial Court’s annual report for 2024–2025: The Courts and Tribunals Judiciary (CTJ) has released the Commercial Court’s 2024–2025 annual report, spanning the Commercial Court, Admiralty Court and the London Circuit Commercial Courts. The document covers the work undertaken across those three courts in 2024–2025. It records that intake of new claims remained broadly steady, with 1,140 claims lodged, set against 1,174 the year before. By contrast, activity in the Commercial Court eased a little: hearings listed stood at 1,091 and effective hearings at 773, compared with 1,251 and 884 respectively in the preceding year. For further detail, see: CTJ publishes Commercial Court annual report 2024–25—LNB News...

Firdous v Ecclesall Design Ltd and others [2025] EWHC 90 (TCC) What was the background? The claimant alleged that several defendants — including a construction contractor (Fifth Defendant), a development company (First Defendant), and an insurer (Fourth Defendant) — were responsible for losses after a retaining wall failed during building works at a residential property said to be owned by the claimant The Amended Particulars of Claim were criticised for lacking precision, not clearly setting out the case against each defendant, and failing to properly connect the alleged breaches with the losses claimed The defendants complained about uncertainty, insufficient particularisation, and breaches of procedural requirements, including non‑compliance with the Pre‑Action Protocol for Construction & Engineering Disputes The claimant sought permission to re‑amend the Particulars of Claim; the First, Fourth and Fifth Defendants applied for strike‑out and/or summary judgment against the claimant What did the court decide? ...

Why are the protocols being amended? In his Final Report on Civil Litigation Costs (January 2010), Lord Justice Jackson proposed retaining the pre-action protocols, while introducing targeted changes to improve how they work and to keep pre-action costs proportionate. He also advised creating a specific protocol for debt claims where a business pursues an individual. In response, a CPRC sub-committee was established to review and recommend any necessary amendments to the pre-action protocols. Although the sub-committee is still considering drafts of some protocols, several have been issued and, subject to ministerial sign-off, are expected to commence on 6 April 2015. Below is a summary of the protocols being revised and the stage each has reached, with links to the latest drafts where available. We will provide further updates as the CPRC publishes more material and will revise our Practice Notes once the amendments are finalised. Practice Direction Pre-Action Conduct and Protocols This practice direction (which replaces the Practice Direction—Pre-action conduct) applies to disputes where no other specific...

Key steps for compliance with Construction Pre-Action Protocol—checklist This Practice Note reviews the obligations under the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) that parties must satisfy before commencing proceedings in construction or engineering disputes, including professional negligence claims against architects, engineers and quantity surveyors. It sets out the required documents and meeting, offers guidance and practical points for each stage, and addresses other aspects of the Protocol such as objections to jurisdiction, the use of expert evidence, and the scope to extend time for compliance. Issue a letter of claim Provide a letter of response Serve any reply to a counterclaim Attend a without prejudice meeting A concise overview of the essential actions is provided in: Key steps for compliance with Construction Pre-Action Protocol—checklist. Parties need not follow the Protocol if they agree otherwise, or where a permitted exception applies—see Practice Note: Construction Pre-Action Protocol—application, exclusions and objectives—Exceptions to the Protocol. Further information...

This Practice Note considers the ‘eDisclosure Protocol’, whose second edition was released on 9 January 2015, and concerns the relevant disclosure of electronic documents in cases heard in the Technology and Construction Court (TCC). It explores its layout, the issues and guidance it contains, together with certain key practical considerations. Note 1 : the eDisclosure Protocol pre-dates CPR PD 57AD (in force from 1 October 2022) which governs disclosure in many claims in the TCC. It sets out separate procedures for managing e-disclosure in such cases that are different from those discussed within the eDisclosure Protocol. In many circumstances the provisions of CPR PD 57AD build upon and prescribe more elaborate requirements than the processes described in the eDisclosure Protocol. Public procurement claims and Part 8 claims are not subject to CPR PD 57AD (see paras 1.4(2) and 1.4(7) respectively). For guidance on CPR PD 57AD, see: Disclosure Scheme (Business & Property Courts)—overview referring to CPR PD 57AD. There is guidance published by the International Legal Technology Association (ILTA) on...

The second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) also introduces a formal mechanism allowing the parties to appoint a ‘protocol referee’ to direct how the Protocol should be conducted or to resolve allegations of non-compliance with it. The Protocol Referee Procedure (PRP) was devised and issued jointly by the Technology and Construction Solicitors’ Association (TeCSA) and the Technology and Construction Bar Association (TECBAR). A copy of the PRP is available here: The referee’s decision is binding upon the parties for the Protocol process—see The decision of the referee below. Until a decision is issued by the referee, however, the PRP does not affect the Protocol process; the time limits continue to run in accordance with the Protocol (PRP para 1.6). How does a party start the procedure? The procedure may only be used if both parties agree to it. In its letter of claim, the claimant should indicate whether it wants the PRP to apply, and the defendant should set out its...

Note: This Practice Note provides targeted guidance for proceedings in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and the TCC Guide. As these provisions supplement the CPR’s general rules, this Practice Note should be read alongside the broader guidance on preparing for and attending trial, including Trial—overview, which in turn directs you to detailed materials on particular aspects of trial preparation and attendance Shorter and flexible trial schemes—For TCC claims issued on or after 1 October 2015, one or both schemes under CPR PD 57AB may apply: the shorter trials scheme and the flexible trials scheme. For further details, refer to the Practice Notes Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme Electronic working—For guidance on electronic working in the TCC, consult Practice Note: TCC—starting a claim—High Court or County Court?—Electronic working and filing of documents Multi-track—All TCC cases are treated as allocated to the multi-track (CPR 60.6(1)) ...

Note: This Precedent offers targeted direction and practical pointers for proceedings in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and the TCC Guide. Because these requirements are additional to the CPR’s general rules, you should read this Practice Note alongside wider guidance on preparing for and attending trial, including the Trial—overview, which, in turn, signposts comprehensive materials covering specific aspects of preparation for, and attendance at, trials Shorter and flexible trials schemes—TCC claims issued on or after 1 October 2015 may qualify for and/or be governed by one or both of the permanent regimes now operating under CPR PD 57AB: the shorter trials scheme and the flexible trials scheme. For further details about these schemes, consult the Practice Notes: Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme Electronic working—for guidance on electronic working in the TCC, see the Practice Note: TCC—starting a claim—High Court or County Court?—Electronic working and filing of documents Multi-track—all TCC...

Note: This Practice Note supplies focused guidance for proceedings in the Technology and Construction Court (TCC) operating under CPR 60, CPR PD 60 and the TCC Guide. As these provisions supplement the general rules found elsewhere in the CPR, this Practice Note ought to be read alongside general guidance on preparing for, and attending, trial, including Trial—overview, which, in turn, signposts detailed guidance addressing particular aspects of preparation for and attendance at trials and associated matters concerning the relevant conduct of trials at all stages Shorter and flexible trials schemes—claims issued on or after 1 October 2015 in the TCC may qualify for, and/or be governed by, one or both schemes under CPR PD 57AB: the shorter trials scheme and the flexible trials scheme. For further details on these schemes, consult Practice Notes: Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme for more background and context Electronic working—for information about electronic working in the TCC, see Practice Note: TCC—starting a...