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ARTICLE · 18 FEBRUARY 2008

A Pragmatic Approach To The Pre Action Protocol

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Mr Justice Akenhead, in the recent case of Orange Personal Communications Services Ltd v Hoare Lea [2008] EWHC 223, had to consider the approach to take when faced with an application to stay proceedings in order for the Pre Action Protocol for Construction & Engineering Disputes ("the Protocol") to be followed. He decided that the correct approach to take was a pragmatic one.

United KingdomReal Estate and Construction
Jeremy Glover
Jeremy Glover
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Mr Justice Akenhead, in the recent case of Orange Personal Communications Services Ltd v Hoare Lea [2008] EWHC 223, had to consider the approach to take when faced with an application to stay proceedings in order for the Pre Action Protocol for Construction & Engineering Disputes ("the Protocol") to be followed. He decided that the correct approach to take was a pragmatic one.

The dispute arose out of works carried out at the Bristol Data Centre. Kier had been engaged to carry out the fit out works that included the provision of an air conditioning system. Haden Young were responsible for that air conditioning system. There was a flood which was said to have caused some £2m of damage. Orange issued proceedings against both Kier and Hayden Young in relation to the flood. The position taken by Kier and Haden Young in those proceedings was that they were not in any way to blame for the loss and damage

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