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Pre-action protocol: definition and example

In England and Wales, the construction pre-action protocol sets steps normally expected before court proceedings.

By Jack Butler-Kettle · Updated

Guidance for England and Wales. Check the contract, amendments and facts that apply to your job.

What it means in practice

Read this alongside the Pre-Action Protocol for Construction and Engineering Disputes.

The construction and engineering protocol in England and Wales promotes proportionate exchange of information and consideration of settlement before court proceedings. It contains exceptions, including certain enforcement or urgent proceedings. It is not the timetable for adjudication and does not remove limitation or other live deadlines.

Get specialist advice before commencing proceedings. A claim viability review can help organise the commercial dispute and evidence for that discussion.

Worked example

The facts

A subcontractor is considering court action over a disputed account.

What happens

  1. It obtains advice on the applicable procedure, deadlines and any relevant exception.

  2. It prepares a clear explanation of the claim and considers proportionate settlement discussions.

What this shows

Preparation addresses the relevant court procedure without treating the protocol as a reason to miss an urgent deadline.

Sources

  1. Pre-Action Protocol for Construction and Engineering Disputes, second edition. Ministry of Justice.