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ARTICLE · 24 NOVEMBER 2016

‘New' Revised Pre-Action Protocol For Construction And Energy Disputes

Fenwick Elliott LLP
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A speech by Simon Tolson, Fenwick Elliott, delivered at the launch event for the new Pre-Action Protocol for Construction and Engineering disputes, 2 November 2016 at Super Court, 7 Rolls Building, Fetter Lane, Court 26

United KingdomReal Estate and Construction
Simon Tolson
Simon Tolson
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A speech by Simon Tolson, Fenwick Elliott, delivered at the launch event for the new Pre-Action Protocol for Construction and Engineering disputes, 2 November 2016 at Super Court, 7 Rolls Building, Fetter Lane, Court 261

Good evening my Lords, Ladies and Gentlemen.

Welcome to this launch event for the new Pre-Action Protocol for Construction and Engineering Disputes (the "Protocol"). Both TeCSA and TECBAR sponsor this event and we are delighted it can take place so fittingly in this Super Court.

A bit of background on the Protocol ... it has been something of a ride. If we go back to at least 1994 there was a crying need to develop expeditious and efficacious means of resolving disputes in the construction industry (yes I know adjudication came along!).  On the wider stage a major concern of our most senior judges and lawmakers was cutting down cost and faff re ineffectual activity for the user/customer/our clients. The likes of Sir Michael Latham in his

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