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ARTICLE · 03 JULY 2008

A Pragmatic Approach To The Pre Action Protocol: Part 2

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In our original article from February of this year headed "A Pragmatic Approach To The Pre Action Protocol", we highlighted Mr Justice Akenhead's comments in the case of Orange Personal Communications Services Ltd v Hoare Lea [2008] EWHC 223, where he 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. As we

United KingdomReal Estate and Construction
Jeremy Glover
Jeremy Glover
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In our original article from February of this year headed "A Pragmatic Approach To The Pre Action Protocol", we highlighted Mr Justice Akenhead's comments in the case of Orange Personal Communications Services Ltd v Hoare Lea [2008] EWHC 223, where he 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. As we said, he decided that the correct approach to take was a pragmatic one.

Mr Justice Akenhead has now further clarified what he means by the adoption of a pragmatic approach to the Protocol. These comments came in the case of TJ Brent Ltd & Anr v Black & Veatch Consulting Ltd [2008] EWHC 1497

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