Claims Consultants: Proceed With Caution

There is an increasing tendency in the construction industry to use claims consultants and claims management companies as a cost-effective alternative to instructing lawyers, either in a project management function, or as a precursor to litigation being commenced.

The judgment of Akenhead J in the Technology and Construction Court¹ in Walter Lilly & Company v Mackay and Ors [2012] EWHC 649 will probably come as quite a surprise to many employers, developers, contractors and subcontractors who may have given very little thought to the question of whether advice given by claims consultants and claims management companies is confidential and can be withheld from an opponent if a dispute reaches court.